City of Shawano, WI Chapter 7 Licenses and Permits

[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No. 872 as Ch. 7 of the 1982 Municipal Code. Amendments noted where applicable.]

§ 7.01 Intoxicating liquor and fermented malt beverages.

[Amended by Ord. No. 865]

(1) State statutes adopted. The provisions of W.S.A. Ch. 125, relating to the sale of intoxicating liquor and fermented malt beverages, except W.S.A. ss. 125.09(6), 125.11(1), 125.14(4), 125.59[1] and 125.66, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this chapter by reference.

(a) "Class B" liquor – The City of Shawano elects to be governed under Wisconsin State Statute 125.51(3)(b) to provide for the sale of intoxicating liquor in its sealed/original container for off-premise consumption as allowed by said statutes.

[Added 3-10-2022 by Ord. No. 1989]

[1] Editor's Note: W.S.A. ss. 125.14(4) and 125.59 were repealed by 1989 Act. 253.

(2) Licenses.

[Amended 2-7-2018 by Ord. No. 1935]

(a) When required. No person, except as provided by Subsection (1) above, shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt or cause the same to be done, without having procured a license or permit as provided in this section, nor without complying with all the provisions of this section and all statutes, ordinances and regulations of the state and City applicable thereto.

(b) Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale; and no license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.

(c) Designated municipal official. For purposes of this subsection, the designated municipal official authorized to issue an operator's license is the City Clerk/Deputy Clerk.[2]

[Added 4-8-2020 by Ord. No. 1984]

[2] Editor's Note: Authorized pursuant to 2019 Wisconsin Act 166: which amended Wisconsin Statute Section 125.17(1) to indicate that the municipal governing body may by ordinance authorize a designated municipal official to issue operator's licenses.

(3) License fees. There shall be the following classes and denominations of licenses which, when issued by the Clerk-Treasurer under the authority of the Council after payment of the fee hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages. Unless specifically provided, the fee for a license required under this section obtained during the license year shall not be prorated.

[Amended 2-7-2018 by Ord. No. 1935]

(a) Class "A" fermented malt beverage retailer's license: as set by Council resolution.

[Amended by Ord. No. 965; 12-8-1999 by Ord. No. 1438]

(b) Class "B" fermented malt beverage retailer's license: as set by Council resolution. Class "B" fermented malt beverage retailer's licenses for brewers shall be issued pursuant to W.S.A. s. 125.31(1).

[Amended by Ord. No. 1105; 12-8-1999 by Ord. No. 1438]

(c) Wholesaler's fermented malt beverage license: as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(d) Special wholesaler's license: as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(e) Beverage operator's license: as set by Council resolution.

[Amended by Ord. No. 990; Ord. No. 1287; 12-8-1999 by Ord. No. 1438]

(em) Temporary beverage operator's license. A temporary beverage operator's license may be issued only to operators employed by or donating their services to nonprofit corporations. No person may hold more than one license of this kind per year. This license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license. The license fee shall be as set by Council resolution no matter how long the license shall be valid.

[Added by Ord. No. 951; amended by Ord. No. 990; Ord. No. 1286; 12-8-1999 by Ord. No. 1438]

(f) Retail "Class A" liquor license: as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(g) Retail "Class B" liquor license: as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(h) (Reserved)[3]

[3] Editor's Note: Former Subsection (3)(h) was repealed by Ord. No. 1122.

(i) Part-time or semiannual liquor licenses shall be issued pursuant to W.S.A. s. 125.51(9). Such licenses are not renewable during the calendar year in which issued.

[Amended 9-8-1999 by Ord. No. 1419]

(j) Picnic license. Issued to organizations enumerated in W.S.A. s. 125.26(6), for a fee as set by Council resolution per particular picnic or similar event for no more than three consecutive days.

[Amended 12-8-1999 by Ord. No. 1438]

(jm) Temporary "Class B" wine license. Issued to churches and church organizations to sell or serve wine of not more than 6% alcohol by volume at a picnic, meeting or gathering; as set by Council resolution. See W.S.A. s. 125.51(4m). This paragraph is not intended to and shall not apply to church services.

[Added by Ord. No. 954A; amended 12-8-1999 by Ord. No. 1438]

(k) (Reserved)[4]

[4] Editor's Note: Former Subsection (3)(k), soda water beverage license, as amended, was repealed 2-7-2018 by Ord. No. 1936.

(l) Provisional operator's license. A provisional operator's license may be issued pursuant to W.S.A. s. 125.17(5). Said license may be issued to a person who has applied for an operator's license, and a provisional license may not be issued to any person who has been denied a license by the Council. The fee for the license shall be as set by Council resolution. The provisional license shall expire 60 days after its issuance or when a license under Subsection (3)(e) above is issued to the holder, whichever is sooner. The Clerk-Treasurer, who issued the provisional license, may revoke the license if the Clerk-Treasurer discovers that the holder of the license made a false statement on the application.

[Added by Ord. No. 1115; amended by Ord. No. 1290; 12-8-1999 by Ord. No. 1438]

(m) "Class C" wine license: as set by Council resolution.

[Added by Ord. No. 1139; amended 12-8-1999 by Ord. No. 1438]

(n) Reserve "Class B" licenses.

[Added 8-12-1998 by Ord. No. 1370(A)]

1. Definitions.

RESERVE "CLASS C AND B" LICENSE

The meaning defined in W.S.A. s. 125.51(4)(a)4, and as said subsection may be amended.

2. Fee. The fee for Reserve "Class B" license shall be as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

3. Exemptions. The fee for the initial issuance of a Reserve "Class B" license to a bona fide club or lodge situated and incorporated in the State of Wisconsin for at least six years is exempt from said initial issuance fee as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

4. Grant or rebate of fee.

[Added 6-9-1999 by Ord. No. 1404]

a. In the event the Wisconsin Legislature amends the state law requiring municipalities to charge an amount not less than $10,000 for a Reserve "Class B" license and if said amendment allows municipalities to charge a lesser fee than $10,000, and to refund part of said fee, then the City intends to refund part of the license fee to any holder of such license. In the event that there is litigation involving the issue of whether municipalities can grant or rebate a portion of the ten-thousand-dollar fee that currently has been charged by the City of Shawano for said license, and if said litigation results in a decision allowing a municipality to grant or rebate a portion of said fee to the applicant for such license, then the City desires to grant a portion of the ten-thousand-dollar fee to the applicant. Said refund and/or grant will be based upon the following formula with said refund and/or grant not to exceed $9,500 or a lesser amount based upon applicable changes to statutory or case law:

i A refund/grant of $200 for each new job created;

ii A refund/grant of $100 per existing job retained for one year after the license has been issued to the applicant; and

iii A refund/grant of $100 per $10,000 of building valuation, as determined by the City Assessor, for a new structure only.

b. The applicant shall submit appropriate documentation to the City Clerk's office one year after the applicant has been issued said license. The Clerk shall then verify from the appropriate records whether the applicant is entitled to any refund or grant pursuant to the formula set forth above. If a refund/grant is due, the Clerk shall refund the appropriate amount to the applicant within 30 days after receiving appropriate documentation from the applicant.

(o) "Class B" (wine only) license per § 125.53, Wis. Stats.; fee as set by Council resolution.

[Added 5-11-2016 by Ord. No. 1895]

(4) Payment of license fees. License fees required under this section shall be paid by the applicant when the applicant is notified by the Clerk-Treasurer of the granting of a license. No license applied for and granted shall be issued until the appropriate license fee is received by the Clerk-Treasurer. In addition, the applicant shall pay to the Clerk-Treasurer the amount of any publication fee that the City has incurred. Said publication fee must be paid for before the appropriate license shall be issued. Granting of a license shall be by the Council upon the recommendation of the Finance Committee.

[Amended 6-8-2011 by Ord. No. 1784]

(5) License restrictions. In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in Subsection (1) above, the following restrictions shall apply to the issuance of licenses or permits pursuant to this section:

[Amended by Ord. No. 935; Ord. No. 956; Ord. No. 966; Ord. No. 1024; Ord. No. 1024A; Ord. No. 1054; Ord. No. 1114; 9-8-1999 by Ord. No. 1419; 2-9-2000 by Ord. No. 1444; 10-7-2009 by Ord. No. 1758; 4-21-2015 by Ord. No. 1867]

(a) Requirements for licenses. No license or permit shall be issued to any person who has not attained the legal drinking age; who does have an arrest or conviction record, subject to W.S.A. ss. 111.321, 111.322 and 111.335; who has not been a resident of this state continuously for at least 90 days prior to the date of application; nor, subject to W.S.A. ss. 111.321, 111.322 and 111.335, shall any license be issued to any natural person who has habitually been a law offender or has been convicted of a felony unless the person has been duly pardoned. This subsection shall not apply to Wisconsin corporations but shall apply to all officers and directors of such corporations. The ninety-day residency requirement, as set forth herein, shall not apply to applicants for operators' licenses or to applicants for managers' licenses; provided, however, that managers' licenses may be issued only to applicants who are residents of this state at the time of issuance. In addition, the Common Council shall consider various factors that have been adopted by the Common Council as a policy of the City in determining whether a license or permit shall be issued to any person.

(b) Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within 12 months prior to application. The first sentence of this paragraph shall not apply when the premises is owned by a person other than the licensee or a person operating the premises at the time of the revocation. In addition, the prior licensee who has his or her license revoked shall not be an employee of the subsequent licensee or be affiliated with the subsequent licensee in any way.

(c) Inspection of application and premises. The Clerk-Treasurer shall notify the Health Officer, Chief of Police and Building Inspector of all license and permit applications, and these officials shall inspect, or cause to be inspected, each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. These officials shall furnish to the Council, in writing, the information derived from such investigation. No license or permit provided for in this section shall be issued without the approval of the Council.

(d) Health and sanitation. No license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the Wisconsin Department of Commerce and the State Board of Health and to all such ordinances and regulations adopted by the City.

(e) (Reserved)[5]

[5] Editor's Note: Former Subsection (5)(e), Delinquent taxes, assessments, etc., was repealed 4-18-2006 by Ord. No. 1644.

(f) Cessation of operation.

1. In the event that a licensee does not open for business for at least 125 days during the license period or if it is closed and not operating for any period of 90 consecutive days or more, the Common Council may commence action for suspension, revocation or non-renewal pursuant to § 125.12, Wis. Stats., and/or pursuant to § 7-10 herein.

2. Any licensee holding a license to sell alcoholic beverages who abandons such business shall forfeit any right or preference the licensee may have through the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The closing/losing of the licensed premises for at least six months shall be prima facie evidence of the abandonment, unless extended by the Council.

(g) Supervision. For all licensed premises operating under a Class A liquor or fermented malt beverage license, it shall be required that the licensee or a member of his or her immediate family of legal drinking age, if an individual, or a duly licensed beverage operator be on the premises and in charge at all times. For purposes of this section, "in charge" is defined to mean not less than visual supervision. For a Class A establishment which is open after 9:00 p.m., no operator need be present after 9:00 p.m.

(h) Review prior to approval. No license or permit shall be issued to any person or officer or director of a corporation unless the application therefor shall first have been reviewed and a recommendation received from the Police Department. The foregoing prerequisite shall apply to both original and renewal applications. The Clerk and/or designee shall have the authority to issue provisional operator's and picnic licenses, as well as temporary amendments to alcohol-licensed premises, upon receiving a completed application, payment of the appropriate license fee and approval from the Police Department.

[Amended 10-7-2015 by Ord. No. 1883; 10-11-2023 by Ord. No. 2024]

(i) Waiting period for license issued pursuant to W.S.A. s. 125.26(6). Pursuant to W.S.A. s. 125.04(3)(f)3, all applications for licenses to be issued under W.S.A. s. 125.26(6) for a picnic or other gathering lasting less than four days shall be filed with the Clerk-Treasurer at least three days prior to the granting of the license.

(j) Training course for operator's license.

1. Pursuant to W.S.A. s. 125.17(6), no operator's license may be issued to an applicant unless the applicant has successfully completed a responsible beverage server training course pursuant to W.S.A. s. 125.17(6) or unless the applicant fulfills one of the following requirements:

a. The person is renewing an operator's license.

b. Within the past two years, the person held a Class "A," Class "B," "Class A" or "Class B" license or permit, or a manager's or operator's license.

c. Within the last two years, the person has completed such a training course.

2. The Council may issue a provisional operator's license, pursuant to Subsection (3)(1) above, to a person who is enrolled in a training course pursuant to W.S.A. s. 125.17(6)(a), and shall revoke the license if the applicant fails successfully to complete the course in which he or she enrolls.

(k) Guideline for granting/denying liquor licenses. No license or permit shall be issued unless the applicant meets the guidelines for the granting/denying of liquor licenses, said guidelines being adopted by Council resolution and which guidelines are on file at the City Clerk's office.

(6) Closing hours.

(a) Class B licenses. No premises for which a retail Class B liquor or fermented malt beverage license has been issued shall remain open for the sale of liquor or beer between 2:00 a.m. and 6:00 a.m., subject to the following exceptions:

[Amended by Ord. No. 1005]

1. On Saturdays and Sundays, the prohibited hours shall be between 2:30 a.m. and 6:00 a.m.

2. On January 1, there shall be no prohibited hours.

(b) "Class A" liquor license. No premises for which a retail "Class A" liquor license has been issued shall remain open for the sale of liquor or beer between 9:00 p.m. and 6:00 a.m.

[Amended 1-9-2019 by Ord. No. 1963]

(c) Presence on premises after closing. It shall be unlawful for any person to remain in any licensed premises after closing except for reasons and under conditions herein provided. Any licensee desiring to make repairs or perform work incidental to the care or maintenance of such premises during closing hours shall be allowed to do so. Notwithstanding the provisions of this subsection, the licensee shall comply with the other provisions of Subsection (8) below.

(d) Licensed premises must be able to be observed. During closing hours, the premises shall be illuminated sufficiently and able to be observed by a police officer from without.

[Amended 4-21-2009 by Ord. No. 1747]

(7) Hours of sale for packaged goods.

(a) Class B premises. Between the hours of 12:00 midnight and 8:00 a.m., no person may sell intoxicating liquor or fermented malt beverage on any Class B licensed premises in an original unopened package, container or bottle or for consumption away from the premises, except on December 24 no such sale shall be made between 6:00 p.m. and 8:00 a.m.

(b) Class A premises. Between the hours of 9:00 p.m. and 8:00 a.m., no person may sell intoxicating liquor or fermented malt beverage on any Class A licensed premises in an original unopened package, container or bottle or for consumption away from the premises, except on December 24 no such sale shall be made between 6:00 p.m. and 8:00 a.m.

(8) Search of licensed premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the City without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section.

(9) Posting licenses. Licenses or permits issued under this section shall be posted and displayed as provided in W.S.A. s. 125.04(10), and any licensee or permittee who shall fail to post his or her license or permit as therein required shall be presumed to be operating without a license.

(10) Revocation and suspension of licenses.

(a) Procedure. Except as hereinafter provided, the provisions of W.S.A. s. 125.12(2) and (3) shall be applicable to proceedings for the revocation and suspension of all licenses or permits granted under this section. Revocation or suspension proceedings may be instituted by the Council upon its own motion by adoption of a resolution.

(b) Repossession of license or permit. Whenever any license or permit under this section shall be revoked or suspended pursuant to this section, it shall be the duty of the Clerk-Treasurer to notify the licensee or permittee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk-Treasurer's office.

(11) Quotas.

(a) Class "A" fermented malt beverage retailers' licenses. Seventeen such licenses shall be available for issuance. Said number is established by the Council in order to set the number of licenses available for issuance at that number which presently are outstanding. No such license shall be issued without the prior approval of the Council and, in addition, no license shall be issued to:

[Amended 4-16-1996 by Ord. No. 1296; 1-9-2002 by Ord. No. 1505]

1. A person who does not meet the requirements provided in Subsection (5)(a) above.

2. A person who is not a qualified elector of the County of Shawano.

3. A person whose license issued under this section has been revoked for cause.

4. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.

5. A partnership, unless all of the members of such partnership shall be qualified to obtain a license pursuant to this subsection.

6. A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.

7. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.

8. A person who operates a business which has 50% or more of gross sales of products other than intoxicating liquor, fermented malt beverages and groceries.

(b) "Class A" intoxicating liquor licenses. The quota of retail "Class A" liquor licenses is 10. Said quota is intended to reflect the prior existing policy of the Council of allowing one such license per 1,500 population or fraction thereof and is also intended to acknowledge the acquisition of two such licensed premises as a result of annexation.

[Amended by Ord. No. 1206; 7-22-2003 by Ord. No. 1561]

(c) "Class B" intoxicating liquor retailers' licenses. As provided in W.S.A. s. 125.51(4).[6]

[6] Editor's Note: Former Subsection (11)(d), Class "B" fermented malt beverage retailers' licenses, which immediately followed, as amended, was repealed 3-12-2014 by Ord. No. 1841.

(12) Definitions. As used in this section, the following definitions apply:

[Added by Ord. No. 955]

LEGAL DRINKING AGE

Twenty-one years of age, but also includes those persons who have attained the age of 19 on or before August 31, 1986.

UNDERAGE PERSON

A person who has not attained the legal drinking age.

(13) Sales to underage persons restricted. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless he or she is accompanied by a parent, guardian or spouse who has attained the legal drinking age.

[Added by Ord. No. 955]

(14) Underage person; presence in places of sale.

[Added by Ord. No. 955]

(a) Restrictions. Pursuant to W.S.A. s. 125.07(3), an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.

(b) Exceptions. Subsection (14)(a) above shall not apply to:

1. An underage person who is a resident, employee, lodger or boarder on the licensed premises.

2. An underage person who enters a "Class A" premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises.

3. Hotels, drug stores, grocery stores, bowling alleys, athletic fields or stadiums owned by a county or municipality.

4. Ski chalets, golf clubhouses, curling clubs and private tennis clubs.

5. Licensed restaurants where the principal business is that of a restaurant.

6. A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises.

7. An underage person who enters on Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.

(15) Underage person; consumption and possession of alcohol beverages.

[Added by Ord. No. 955]

(a) Restrictions. Pursuant to W.S.A. s. 125.07(4)(b) and (bm), no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.

(b) Exceptions. An underage person may possess alcohol beverages if employed by any of the following:

1. A brewer.

2. A fermented malt beverages wholesaler.

3. A permittee other than a Class "B" or "Class B" permittee.

4. A facility for the production of alcohol fuel.

5. A retail licensee or permittee under the conditions specified in W.S.A. s. 125.32(2) or 125.68(2), or for delivery of unopened containers to the home or vehicle of a customer.

(c) Selling or serving alcohol beverages. Pursuant to W.S.A. s. 125.32(2) and 125.68(2), any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class A or Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.

(16) Demerit point system.

[Added 10-7-2009 by Ord. No. 1759]

(a) Purpose. The purpose of this section is to administratively interpret that portion of the City of Shawano Municipal Code relating to alcohol beverage violations and to establish an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation.

(b) Point Schedule. The scheme of demerit points is listed according to the type of alcohol beverage violations. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and City of Shawano municipal codes, for the purpose of recommending suspension or revocation of their alcohol beverage license.

	Type of Violation	Point Value
	Failure to be licensed	100
	False statement or information on application	50
	Failure to supervise	25
	Violation of closing hours	50
	On premises after closing hours	50
	Failure to light premises	25
	Carryouts after hours	50
	Failure to post license	25
	Transfer of license without permission, including operating on another's license	100
	Sale to underage person	75
	Sale to intoxicated person	75
	Underage person on premises	75
	Failure to keep proper book	25
	Injury or death by providing alcohol to underage persons	200
	Allowing unlawful activities on premises	100
	No licensed bartender	50
	Sell, dispose or open after hours	50
	Licensed premises to be safe and sanitary	25
	Intoxicated bartender	50
	Allowing disorderly conduct on premises	50
	Refusal to allow police to search premises or refusal to cooperate with a lawful police investigation	75
	Licensee permitting person to leave licensed premises with open alcohol beverage	25
	Failure to notify police or render assistance	50

(c) Violations, how calculated.

[Amended 8-12-2015 by Ord. No. 1875]

1. In determining the accumulated demerit points against a licensee, the points shall be counted within a twelve-month period. The date of the violation shall be used as the basis for assigning demerit points. For violations continuing for more than one calendar day, each day shall constitute a separate violation. Points shall be assigned only after conviction for such violations.

2. Demerit points shall be assessed after entry of a judgment of conviction in a federal, state or municipal court for violation of federal law, state law or local ordinance. The Finance Committee may take notice of any such conviction without the need for further evidence to establish the violation.

(d) Suspension and revocation of license.

[Amended 8-12-2015 by Ord. No. 1875]

1. The Finance Committee shall use § 7.01(16)(d) as a guideline to determine the appropriate sanction, if any, to the license holder who has accumulated demerit point violations.

2. For demerit points totaling 50 to 300 within a twelve-month period, the Finance Committee may mail a notice by first-class mail to the licensee commanding the licensee to appear the Committee for a meeting to discuss the licensee's accumulation of demerit points under this chapter. In the alternative, the Committee may issue a formal written warning to the licensee of the consequences of additional violations and the accumulation of additional demerit points. Such warning letter shall be signed by the Committee Chairperson.

3. If the demerit points exceed 300 within a rolling twelve-month period, the Committee may recommend that a formal hearing on the revocation, suspension or non-renewal of the licensee's license shall be undertaken by the City of Shawano Common Council. If a hearing is held before the City of Shawano Common Council, and the Council finds that the demerit points that have been accumulated by a licensee total 300 to 500 demerit points within a twelve-month period, the Council may suspend the license and if a suspension occurs, it shall be for a period of not less than three days nor more than 30 days. If the demerit point accumulation exceeds 500 demerit points, the City of Shawano Common Council may suspend said license for up to six months or may revoke said license.

4. The procedure to be used for revocation, suspension or nonrenewals shall be that found in § 125.12, Wis. Stats. The decision of the Common Council shall be a final determination and shall be subject to review in court as may be provided by law.

§ 7.02 Cigarette retailer license.

[Amended 12-8-1999 by Ord. No. 1438]

No person shall sell cigarettes in the City without first obtaining a license from the Clerk-Treasurer. The provisions of W.S.A. s. 134.65 are hereby adopted and made a part of this section by reference. The license fee shall be as set by Council resolution.

§ 7.03 Amusement device license.

(1) Definitions. The following terms as used in this section shall be construed as follows:

AMUSEMENT DEVICE

Any machine operated by coin or token, commonly referred to as pinball machine, marble machine, shooting gallery, etc., and music machine or jukebox, shuffle board, Keeno and any and all other devices when set up and operated in any established place of business for profit, the operation of which involves a skill feature.

GAMBLING DEVICE

Any instrument, device or thing used for gambling or playing any game of chance for money or any other thing of value.

SLOT MACHINE

Any instrument or device which is operated by the insertion of any coin or token and which may entitle the operator to any money, token, merchandise or other thing of value as a prize or award.

(2) Gambling devices prohibited. No person shall set up for operation, operate, lease or distribute for the purpose of operation, any gambling device or slot machine.

(3) Registration of amusement device. It shall be unlawful for any person to own or provide any amusement device or for any person to maintain or permit the maintenance of any such amusement device on premises owned or under control of any such person without first obtaining a license for each such device from the Clerk-Treasurer. The applicant shall provide any information required to identify the device licensed. The license fee shall be as set by Council resolution, and the license shall be valid until the next succeeding July 1. The license, when issued, shall be posted in a conspicuous place on or near the device so licensed. Nothing herein shall be construed to authorize the licensing of slot machines or gambling devices.

[Amended 12-8-1999 by Ord. No. 1438]

(4) Prohibited practices and restrictions. No person shall use any device licensed under this section as a gambling device, and no licensee shall permit any person to use any machine licensed hereunder for gambling purposes, nor shall the possessor of any such device permit any intoxicated person or a person under 18 years of age to engage in and play such a device.

[Amended 9-8-1999 by Ord. No. 1419]

(5) Regulations. The Mayor, Chief of Police or any other police officer or special investigator of the City may seize or cause to be seized any gambling device or slot machine or nonregistered amusement device. The ownership or possession of any gambling device, slot machine or nonregistered amusement device is declared to be a violation of this section. "Possession," as herein used, shall mean the physical presence of a prohibited device in or upon any premises under the management or control of the person charged as possessor.

§ 7.04 (Reserved) [1]

[1] Editor's Note: Former § 7.04, Closing out sales, added by Ord. No. 958, as amended, was repealed 6-11-2014 by Ord. No. 1849.

§ 7.05 Regulation and licensing of direct sellers, transient merchants and solicitors.

[Amended by Ord. No. 1133; 2-10-1999 by Ord. No. 1396]

(1) Registration required. It shall be unlawful for any transient merchant to engage in sales within the City of Shawano without being registered for that purpose as provided herein.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

CHARITABLE ORGANIZATION

Includes any benevolent, philanthropic, patriotic person, partnership, association or corporation, or one purporting to be such.

CLERK

The City Clerk.

MERCHANDISE

Includes personal property of any kind, and shall include merchandise, goods or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of goods by a donor or prospective customer.

PERMANENT MERCHANT

Any person who, for at least one year prior to the consideration of the application of this section to said merchant:

(a) Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or

(b) Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his or her residence; or

(c) Has purchased a "going" business where his or her predecessor in business has met the qualifications of either Subsection (2)(a) or (2)(b) above.

TRANSIENT MERCHANT

Any individual who engages in the retail sale of merchandise at any place in this state temporarily, and who does not intend to become and does not become a permanent merchant of such place. For purposes of this section, sale of merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm, or the sale of farm products or produce or other perishable products at retail or wholesale grown by the person who actually sold such products.

(3) Exemptions. The following shall be exempt from all provisions of this section:

(a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.

(b) Any person selling merchandise at wholesale to dealers in such merchandise.

(c) Any person selling agricultural products which the person has grown.

(d) Any permanent merchant or employee thereof who takes orders at the home of the buyer for merchandise regularly offered for sale by such merchant within this county and who delivers such merchandise in his or her regular course of business.

(e) Any person who has an established place of business where the merchandise being sold is offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested, a home visit by said person.

(f) Any person who has had, or one who represents a company which has had, a prior business transaction such as a prior sale or credit arrangement with the prospective customer.

(g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.

(h) Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.

(i) Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under W.S.A. s. 440.41. Any charitable organization engaging in the sale of merchandise and not registered under W.S.A. s. 440.41, or which is exempt from that statute's registration requirements, shall be required to register under this section.

(j) Any person who claims to be a permanent merchant, but against whom complaint has been made to the Clerk that such person is a transient merchant; provided that there is submitted to the City Clerk proof that such person has leased for at least one year, or purchased, the premises from which he or she has conducted business in the market area for at least one year prior to the date the complaint was made.

(k) Any individual licensed by an examining board as defined in W.S.A. s. 15.01(7).

(l) Any licensed flea market held within the City in which each vendor is limited to 700 square feet.

(m) Any person soliciting funds for or providing information for or from any benevolent, philanthropic, patriotic, eleemosynary person, partnership, association or corporation, or one purporting to be such.

[Added 9-8-1999 by Ord. No. 1415]

(n) Any church- and or school-sponsored youth groups and youth groups such as Boy Scouts and Girl Scouts.

[Added 6-12-2013 by Ord. No. 1824]

(4) Registration.

(a) Applicants for registration, and any persons working for and/or employed by the applicant for registration, must complete and return to the City Clerk a registration form furnished by the City Clerk which shall require the following information:

[Amended 8-13-2008 by Ord. No. 1716]

1. Name, permanent address and telephone number, and temporary address, if any.

2. Age, height, weight and color of hair and eyes.

3. Name, address and telephone number of the person, firm, association or corporation that the transient merchant represents or is employed by, or whose merchandise is being sold.

4. Temporary address and telephone number from which business will be conducted, if any.

5. Nature of business to be conducted and a brief description of the merchandise and any services offered.

6. Proposed methods of delivery of merchandise, if applicable.

7. Make, model and license number of any vehicle to be used by applicant in the conduct of his or her business.

8. Most recent cities, villages or towns, not to exceed three, where applicant conducted his or her business.

9. Place where applicant can be contacted for at least seven days after leaving this City.

10. Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years, and the nature of the offense and the place of conviction.

(b) Applicants shall present to the Clerk for examination:

1. A driver's license or some other proof of identity as may be reasonably required.

2. A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires the use of weighing and measuring devices approved by state authorities.

3. A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate shall state that applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the license application is made.

4. Applicant's Wisconsin seller's permit, showing appropriate number thereon for the authorized collection of sales tax within the State of Wisconsin and within Shawano County, where the goods and/or services to be provided are subject to Wisconsin sales or use tax and Shawano County sales or use tax.

5. Applications will be filed with the City Clerk at least 15 days prior to beginning of business. The vendor will be notified within five days of decision.

[Amended 6-9-1999 by Ord. No. 1405]

6. Every applicant for a license, except as otherwise provided herein, issued under this section shall file a surety bond with acceptable surety providing that said applicant shall be fully responsible for all sales conducted by the applicant and guaranteeing to any purchaser of any product sold by the applicant that all money paid as a down payment will be accounted for and applied according to the representation of such vendor and further guaranteeing to any purchaser doing business with such applicant that the property purchased will be delivered and shall operate according to the representations of the vendor. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of court in which suit is commenced, be relieved without costs of all further liability. The amount of such bond shall be $10,000. Any applicant with expected sales of less than $5,000 is exempt from purchasing a bond as set forth herein.

[Added 12-13-2000 by Ord. No. 1471]

(c) At the time the registration is returned, a nonrefundable fee shall be paid to the Clerk to cover the cost of processing said registration in an amount as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438; 11-29-2000 by Ord. No. 1470]

1. The applicant shall sign a statement appointing the City Clerk as his or her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, in the event the applicant cannot, after reasonable effort, be served personally.

2. Upon payment of said fee and the signing of said statement, the City Clerk shall register the applicant as a transient merchant and note date of entry. Said registration shall be valid for a period of one year from the date of registration, subject to subsequent refusal as provided in Subsection (5)(b) below.

(5) Investigation.

(a) Upon receipt of each application, the City Clerk may refer it immediately to the Chief of Police, who may make and complete an investigation of the statements made in such registration.

(b) The City Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation above, that:

1. The application contains any material omission or materially inaccurate statement; or

2. Complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; or

3. The applicant was convicted of a crime, statutory violation or ordinance violation, the nature of which is directly related to the applicant's fitness to engage in direct selling; or

[Amended 8-13-2008 by Ord. No. 1717]

4. The applicant failed to comply with any applicable provision of Subsection (4)(b) above.

(6) Appeal. Any person refused or denied registration may appeal the denial through the appeal procedure provided by Chapter 17 of this Code.

(7) Regulation of transient merchants.

(a) Prohibited practices.

1. A transient merchant shall be prohibited from calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m., except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.

2. A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics of any merchandise offered for sale, the purpose of his or her visit, his or her identity or the identity of the organization he or she represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise.

3. No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. No transient merchant shall have the right, without the express written authorization from the City, to use other property owned by the City of Shawano for the conducting of transient sale operations. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

4. No transient merchant shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.

5. No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he or she is conducting business.

(b) Disclosure requirements.

1. After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his or her name, the name of the company or organization he or she is affiliated with, if any, and the identity of merchandise or services he or she offers to sell.

2. If any sale of merchandise is made by a transient merchant, or any offer for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in W.S.A. s. 423.203; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of W.S.A. s. 423.203(1)(a) and (c); (2) and (3).

3. If the transient merchant takes a sales order for the later delivery of merchandise, he or she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.

(8) Records. The Chief of Police shall report to the City Clerk all convictions for violation of this section, and the City Clerk shall note any such violation on the record of the registrant convicted.

(9) Revocation of registration.

(a) Registration may be revoked by the Common Council of the City of Shawano after notice and hearing if the registrant made any material omission or materially inaccurate statements in the application for registration; made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales; violated any provision of this section or was convicted of any crime or ordinance; or statutory violation which is directly related to the registrant's fitness to engage in selling.

(b) Written notice of the hearing shall be served personally or pursuant to Subsection (4)(c) above on the registrant at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.

(10) Penalty.[1]

(a) Any person adjudged in violation of any provision of this section shall forfeit not less than $100 nor more than $10,000 for each violation per day, plus costs of prosecution. Each attempt to sell merchandise or each actual sale of merchandise in noncompliance with this section shall constitute a separate offense hereunder.

[Amended 1-10-2007 by Ord. No. 1665]

(b) Bond Schedule amounts. The following forfeitures shall be provided for in the Bond Schedule which is a part of this City Code:

		Violation of a 1 to 7 Day Permit	Violation of a 8 to 365 Day Permit
	First offense	$500, plus court assessments	$2,000, plus court assessments
	Second offense (within one year)	$750, plus court assessments	$3,000, plus court assessments
	Third offense and subsequent offenses (within one year)	$1,500, plus court assessments	$4,000, plus court assessments

(c) In lieu of the filing of a cash bond and/or deposit as set forth under W.S.A. s. 66.119,[2] the City shall have the right to detain the alleged violator to assure appearance of said alleged violator before the Circuit Court for Shawano County.

[2] Editor's Note: W.S.A. s. 66.119 was renumbered 66.0113 and amended by 1999 Act 150, §§ 274 to 277, effective 1-1-2001.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 7.051 Auction license.

[Added by Ord. No. 1020]

(1) License required. It shall be unlawful for any person to conduct a sale by auction within the meaning of W.S.A. s. 130.06[1] without being licensed for that purpose. Any person desiring to conduct a sale by auction shall apply for said license in the office of the Clerk-Treasurer.

[1] Editor's Note: W.S.A. s. 130.06 was repealed by 1989 Act 336.

(2) Exemption. This section shall not apply when the sale is made by virtue of a chattel mortgage or conditional sales contract or of a rule, order or judgment of a court, or of some law of the state or the United States respecting the collection of some tax or duty; or in consequence of a general assignment of property or effects for the benefit of creditors; or when made of property belonging to the state or the United States; or when made by or on behalf of any executor or administrator; or when made of his or her farm property by or on behalf of a resident farmer who has paid the taxes lawfully levied on his or her property; or when made of farm personal property at a market licensed under W.S.A. s. 95.70.[2] This section shall also not apply when the sale by auction consists solely of household furniture when used as such.

[2] Editor's Note: W.S.A. s. 95.70 was repealed by 1993 Act 16.

(3) License fee. The license fee shall be as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

§ 7.052 Pawnbrokers and secondhand article and jewelry dealers.

[Added 2-13-2008 by Ord. No. 1697; amended 7-9-2008 by Ord. No. 1711; 6-23-2009 by Ord. No. 1750; 10-12-2011 by Ord. No. 1797]

(1) Authority. The City Council has the specific statutory authority, powers and duties, pursuant to the specific statutory sections noted in this section, including W.S.A. s. 134.71, to regulate, control, license, register or permit persons engaged in certain uses, activities, businesses and operations within the City, to access appropriate fees for the licenses and to enforce, by revocation or penalty, the provisions of this section.

(2) Adoption by reference. Except for any provisions herein that may be stricter, the provisions of W.S.A. s. 134.71, are adopted by reference.

(3) Covered businesses. This section regulates pawnbrokers, secondhand article dealers and secondhand jewelry dealers operating beyond the limits allowed in the regulation and licensing of direct sellers, transient merchants and solicitors ordinance contained at § 7.05 of this Code.

(4) "Article" means any item of value, excluding only motor vehicles, large appliances, furniture, books, and clothing other than furs.

(5) "Reportable transaction" means every transaction conducted by a pawnbroker and secondhand article and jewelry dealers in which an article or articles are received through a pawn, purchase, consignment, or trade, or in which a pawn is renewed, extended, voided, or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, and is reportable except:

(a) The bulk purchase or consignment of new or used articles from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said articles, provided the pawnbroker must maintain a record of such purchase or consignment that describes each item, and must mark each item in a manner that relates it to the transaction record. This includes any exception as defined in W.S.A.S. 134.71.

(b) Retail and wholesale sales or articles originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.

(6) "Secondhand article dealer" means any person, other than an auctioneer, who engages in the business of purchasing or selling secondhand articles, with exceptions as stated in W.S.A.S. 134.71(g).

(7) License application. In addition to the requirements of W.S.A. s. 134.71(5), applicants shall detail:

(a) Any jail or prison time served greater than 30 days consecutively, identifying the time frame served and the charge(s) that caused such imprisonment;

(b) Criminal record history for all owners, officers and directors, to the same extent required of an individual;

(c) Identifying number for sales tax with the Wisconsin Department of Revenue.

(8) Bond. In accordance with W.S.A. s. 134.71(7)(2), a bond is required of pawnbrokers. The applicant shall furnish a bond issued by a commercial bond company which has a current rating of A or better on A.M. Best rating system, or a comparable rating of a different independent rating firm. The initial bond amount shall be assuring reimbursement to the City for enforcement action in the minimum amount of $1,000. This amount may be increased as the result of any disciplinary action.

(9) License year. Licenses are valid as follows:

(a) For a pawnbroker, secondhand article dealer or secondhand jewelry dealer: January 1 or a later date of issuance until the following December 31. For a secondhand article dealer mall or flea market: May 1 of odd-numbered year until April 30 of the next odd-numbered year, for a two-year period.

(b) If less than 1/2 the license time remains at the time of application or Council consideration, the fee shall be 1/2 of the full amount.

(10) Minors. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor, unless the minor has the consent of an adult parent, guardian or spouse who signs a consent form in the presence of a licensed operator or an employee of the operator. No firearm may be sold to a minor.

(11) When digital photos are required.

(a) The licensee must also take a color, digitized photograph of every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed, excluding only electronic media. One group photo shall suffice for mass items such as several coins acquired in one transaction. If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the Chief's designee, upon request. Items photographed must be accurately depicted and submitted as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Entries of required digital images shall be retained a minimum of 90 days.

(12) Daily reports to police.

(a) Pawnbrokers and secondhand article and jewelry dealers must submit every reportable transaction to the Police Department daily in the following manner. Pawnbrokers and secondhand article and jewelry dealers must provide to the Police Department all required information pursuant to state statute by transferring it from their computers to the web server via modem designated by the Shawano Police Department. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the Police Department using procedures that address security concerns of the pawnbroker or secondhand article and jewelry dealer and the Police Department. The pawnbroker or secondhand article and jewelry dealer must display a sign of sufficient size, in a conspicuous place on the premises, which informs all patrons that all transactions are reported daily to the Police Department.

(b) If a pawnbroker or secondhand article and jewelry dealer is unable to successfully transfer the required reports by modem, the pawnbroker or secondhand article and jewelry dealer must provide the Police Department with printed copies of all reportable transactions by 12:00 noon the next business day.

(c) If the problem is determined to be in the pawnbroker's or secondhand article and jewelry dealer's system and is not corrected by the close of the first business day following the failure, the pawnbroker or secondhand article and jewelry dealer must provide the required reports as detailed in state statute and shall be charged a daily penalty of $100 beginning on the fourth business day following the initial post or upload failure until the error is corrected, or, if the problem is determined to be outside the pawnbroker's or secondhand article and jewelry dealer's system, the pawnbroker or secondhand article and jewelry dealer must provide the required reports pursuant to state statute and resubmit all such transactions via modem when the error is corrected.

(d) Regardless of the cause or origin of the technical problems that prevented the pawnbroker or secondhand article and jewelry dealer from uploading the reportable transactions, upon correction of the problem, the pawnbroker or secondhand article and jewelry dealer shall upload every reportable transaction from every business day the problem has existed.

(e) The provisions of this section notwithstanding, the Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.

(13) Holding period.

(a) General holding period. Every pawnbroker shall hold all items pawned or pledged for security on a loan, or exchanged or purchased, separate and apart from any other items, unchanged and unaltered from the form it was received, for seven days for inspection by the Shawano Police Department.

(b) Additional holding period. The Shawano Police Department may, at its sole discretion, cause any item pawned, pledged, or purchased, which the Police Department has reason to believe was not pawned, pledged or disposed of by the lawful owner, to be held for an additional holding period deemed reasonable by the Shawano Police Department after the elapse of the initial seven-day holding period for identification by the lawful owner.

(14) Discipline. Violation of this section, W.S.A. s. 134.71, or the statutes referred to therein, or any law or activity relating to lack of honesty, whether or not resulting in a criminal conviction, is grounds for temporary suspension, or a one-year revocation, with imposition of further limits on operation possible. Prior to taking any disciplinary action, the City shall provide written notice to the licensee by personal service or by written notice sent by fax, mail or nonoral communication method to the last known destination of the licensee. Arrest, conviction, or appropriate notice of violation from a governmental agency may serve as grounds for initiating disciplinary action. In the event the City Council finds any suspension or revocation is justified, even if stayed, the licensee shall, within 30 days of billing, reimburse the City's cost of enforcement as a condition of licensed operation. Failure to reimburse shall result in automatic suspension of the license until payment is made. The Clerk/Treasurer may insist on payment by cash, cashier's check or postal money order. The Council may impose new conditions on business operations when reviewing such matters. This provision is in addition to W.S.A. s. 134.71(10).

(15) Hours of operation. No licensed operator may conduct business except between the hours of 8:00 a.m. and 10:00 p.m.

(16) Zoning. In addition to this section, the operator shall fully comply with all zoning conditions.[1]

[1] Editor's Note: See Ch. 10, Zoning Code.

§ 7.06 Flea market license required.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

FLEA MARKET

An indoor or outdoor bazaar, mall or facility containing numerous vendors in one location which is comprised of individual merchants selling primarily secondhand or homemade goods.

[Amended by Ord. No. 1217]

FLEA MARKET OPERATOR

The sponsor and promoter of a flea market.

(2) Registration requirements. An operator of a flea market shall be a transient merchant as provided in § 7.05 of this chapter for purposes of this section and shall be subject to all of the requirements herein. In addition, such flea market operator shall apply for a blanket license by submitting a written sworn statement containing the following:

(a) The maximum number of vendors who will be present for any particular exhibition.

(b) The number of exhibitions applied for and the proposed exhibition dates.

(c) Acceptance of responsibility for all actions of such vendors, including, but not limited to, responsibility for all claims of misrepresentation by any resident of the City doing business with such vendors.

(3) Flea market license fee. In addition to other fees required under § 7.05 of this chapter, every applicant for a flea market license shall pay a fee which has been set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(4) Flea market bond. In addition to the other bond required under § 7.05 of this chapter, every applicant for a flea market license shall file a surety bond with acceptable surety providing that said applicant shall be fully responsible for all vendors exhibiting thereat and guaranteeing to any resident of the City that all money paid as a down payment will be accounted for and applied according to the representations of such vendor and further guaranteeing to any resident of the City doing business with such vendors that the property purchased will be delivered according to the representations of the vendor. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of court in which suit is commenced, be relieved without costs of all further liability. The amount of such bond shall be $5 times the maximum number of vendors who will be present for any particular exhibition, not to exceed $5,000.

§ 7.07 Rummage and garage sales regulated. [1]

(1) License required. No person shall conduct a rummage or garage sale within the City without having first obtained a license from the Clerk-Treasurer. Before issuing the license, the Clerk-Treasurer shall refer the application to the Building Inspector. Within seven days the Building Inspector shall report to the Clerk-Treasurer whether or not such sale at the proposed location is compatible with the Zoning Code of the City.[2]

[2] Editor's Note: See Ch. 10, Zoning Code.

(2) License fee. The license fee shall be as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(3) Exceptions. This section shall not apply to the following:

(a) Sales conducted by religious, educational, charitable or civic organizations when conducted on the premises of such organizations and when the proceeds thereof are to be devoted for the purposes of such organization.

(b) Sales conducted by religious, educational, charitable or civic organizations when conducted on other premises no more than two times in any one year. Each such sale may be held for no more than three consecutive days and shall not be conducted between the hours of 6:00 p.m. and 8:00 a.m.

(c) Individuals who conduct on their own premises no more than four sales in any one year. Each such sale may be held for not more than three consecutive days and shall not be conducted between the hours of 6:00 p.m. and 8:00 a.m.

[Amended 6-11-2014 by Ord. No. 1848]

[1] Editor's Note: See also § 10.36(15), Rummage/garage sale signs.

§ 7.08 Taxicabs and drivers and owners.

(1) Definition of "taxicab." The term "taxicab" shall include all vehicles transporting passengers for remuneration for which patronage is solicited publicly. This section shall not be applicable to:

(a) Vehicles operating on established routes which are regulated by the Public Service Commission of Wisconsin.

(b) Vehicles rented to be driven by the renter or his or her agent, commonly known as "rent-a-cars."

(c) Vehicles operated solely as funeral cars or ambulances.

(d) Vehicles operated as a limousine service. A "limousine service" is the transportation of a group of persons who, pursuant to a common purpose and under a single contract, have acquired the exclusive use of a motor vehicle, said vehicle having a greater capacity than four, including the driver, in which to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified or rearranged after having left the point of origin. It shall not be deemed a limousine service when individual tickets are sold or individual fares are collected, irrespective of the singleness of the contract, such situation being deemed to be a taxicab and subject to the provisions of this section.

[Added by Ord. No. 944]

(2) Taxicab license. No person shall, for remuneration, transport passengers in a taxicab within the City without first having obtained a taxicab license.

(3) Application for taxicab license.

(a) Application for a taxicab license to operate one or more taxicabs or an application to operate additional taxicabs under an existing license shall be made in writing to the Clerk-Treasurer upon forms furnished by him or her, giving the address from which the business is conducted and signed by the owner of the business or his or her duly authorized agent. The application must also state for each vehicle to be operated the make, model and year of manufacture, the engine number, serial number and capacity for passengers, and the Wisconsin State certificate of title number and license number.

(b) The application shall be submitted by the Clerk-Treasurer to the Finance Committee, which shall examine the public convenience and necessity of granting such license.

[Amended 4-19-2005 by Ord. No. 1616]

(c) The Finance Committee shall submit to the Council its recommendations as to whether public convenience and necessity will be served by the granting of the application. No license shall be granted until the Council shall by resolution have determined that the public convenience and necessity will be served by the service proposed in the application for license. The Council may procure such additional information as it may deem necessary or advisable in making such determination.

[Amended 4-19-2005 by Ord. No. 1616]

(4) License fees. The taxicab license fee shall be as set by Council resolution, said fee to be for the calendar year of July 1 through June 30.

[Amended 12-8-1999 by Ord. No. 1438]

(5) Rates of fare displayed. The licensee shall be responsible for displaying a statement of rates of fare to be charged and also a map of the various taxi zones in each taxicab. Such rates of fare and taxi zones shall be so displayed as to be easily observed and read by any passenger seated in the rear of such taxicab.

(6) Insurance.

(a) No taxicab license shall be issued until the applicant deposits with the Clerk-Treasurer a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model and serial number, number of passengers capable of being accommodated therein at one time and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in Wisconsin against loss from liability in the amounts as set forth in W.S.A. s. 344.15 and s. Trans 176.06, Wisconsin Administrative Code, whichever is higher.

[Amended 4-9-2003 by Ord. No. 1550]

(b) The policy of insurance shall be approved by the City Attorney as to legal form before it is filed and shall contain a provision that the same may not be canceled before the expiration of its term except upon 10 days' written notice to the City.

(c) The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the vehicle covered by such insurance policy, unless another policy shall have been filed and approved pursuant to this section, and shall be in effect at the time of such cancellation or termination.

(7) Issuing of taxicab license and license plates.

(a) After the passage of the resolution of convenience and necessity, as provided in Subsection (3), payment of the required license fees to the Clerk-Treasurer and filing of the policy of insurance as hereinbefore provided, the Clerk-Treasurer shall issue to the applicant a taxicab license. Each license granted shall be numbered and shall show the owner's name and place of business and the number of vehicles which may be operated thereunder.

[Amended 9-8-1999 by Ord. No. 1419]

(b) The Clerk-Treasurer shall issue to each licensee a license plate for each vehicle licensed. The license plates shall be of such size, form and material as the Clerk-Treasurer may deem proper and shall have stamped thereon the words "City of Shawano Taxicab License" to be followed by the appropriate serial number of said license and the period for which issued. No vehicle shall operate as a taxicab unless such plate is securely fastened in a conspicuous place on the front of the vehicle.

(c) If a taxicab license plate is lost, the licensee shall secure a duplicate thereof by applying to the Clerk-Treasurer and paying the cost thereof.

(8) Transfer of taxicab licenses. No taxicab license shall be transferable either from the vehicle described in the original application to another vehicle or from the original licensee to another person without formal permission from the Council.

(9) Renewal. Taxicab licenses may be renewed by the Clerk-Treasurer upon the payment of the fees and filing policies of insurance as required in the original license.

(10) Revocation. A taxicab license may be revoked at any time by the Council for violation of any provision of this section, or for violation of any provision of W.S.A. Chs. 340 to 349, or of any such statutory provision incorporated in this Code. Such revocation may be for all vehicles or any vehicle included under a license. When any taxicab license is revoked, it shall be the duty of the Clerk-Treasurer to immediately notify the licensee to cease immediately to operate the taxicab for which the license has been revoked.

(11) Condition of vehicles. It shall be the duty of the licensee to keep each taxicab in a clean and sanitary condition, well painted, and equipped and maintained as required by statute.

(12) Taxi driver's license.

(a) No person shall operate a taxicab unless he or she shall possess a taxi driver's license. The fee for such license shall be as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(b) Each applicant shall submit in writing to the Chief of Police on forms furnished by the Police Department a statement of the applicant's full name; his or her present address; his or her residence for three years past; his or her age, height, weight and color of eyes and hair; citizenship; place of last previous employment; Wisconsin State motor vehicle operator's license number; whether he or she has ever been convicted of a felony or misdemeanor if the circumstances of such offense substantially relate to the circumstances of the licensed activity; whether he or she has ever been previously licensed as a driver or chauffeur and, if so, when and by what authority; whether his or her license has ever been revoked or suspended and, if so, for what cause; and the name of the prospective employer. Applications shall be retained as Police Department records.

(c) No license shall be granted to any person:

1. Who is under 18 years of age.

2. Who does not possess a valid Wisconsin State motor vehicle operator's license.

3. Who has been convicted of any felony, misdemeanor or other offense if the circumstances of such offense substantially relate to the circumstances of the licensed activity; who is subject to a pending criminal charge if the circumstances of the criminal charge substantially relate to the circumstances of the licensed activity; who is not bondable where bondability is required by law, regulation or established business practice; or who has been convicted of driving upon the highway while under the influence of intoxicating liquor or narcotics, unless two years have elapsed since the date of conviction or discharge from a penal institution, whichever is later.

(d) Each taxi driver's license shall expire one year from its issuance. It may be renewed upon application to the Chief of Police on a form furnished by him or her entitled "Application for Renewal of Taxi Driver's License," which shall show the full name and address of the applicant and the date upon which his or her original license was granted and the number thereof.

[Amended 8-12-1998 by Ord. No. 1368]

(e) Upon presentation of the Clerk-Treasurer's receipt for payment of the license fee, the Chief of Police shall deliver to each licensed taxi driver a license of such form and style as the Chief of Police may prescribe, with the license number thereon, which must, under penalty of revocation of license, be constantly and conspicuously displayed in the taxicab when he or she is engaged in his or her employment. No driver may loan his or her license or permit another person to use it, subject to revocation of his or her license.

(f) The Chief of Police shall maintain a complete record of each license issued to a driver and of all renewals, suspensions and revocations thereof, which shall be filed with the original application.

(13) Revocation of taxi driver's license.

(a) The Chief of Police shall revoke a taxicab driver's license if the licensee has, since the granting of the permit:

1. Been convicted of a felony if the circumstances of such offense substantially relate to the circumstances of the licensed activity.

2. Had his or her state motor vehicle operator's license revoked or suspended.

3. Been convicted of driving while under the influence of intoxicating liquor or narcotics.

4. During any continuous six-month period has had three or more convictions of any of the offenses set forth in W.S.A. Ch. 346 or of any such statutory provision incorporated in this Code.

5. When, for the preservation of the public safety, welfare, morals or good order, the Chief of Police finds the licensee is unfit to drive a taxicab.

(b) Written notice of such revocation or refusal to renew shall be given the licensee. Any person whose license shall have been revoked or renewal refused by the Chief of Police may, within 10 days thereof, appeal to the Council for a hearing thereon; and the Council may, after hearing, affirm or reverse the action of the Chief of Police. If no appeal is taken within 10 days, the action of the Chief of Police shall be final.

(c) The Chief of Police shall repossess each license which is revoked.

(14) Transfer of drivers. A taxicab driver may not transfer from one taxicab licensee to another licensee until such transfer has been recorded in writing by the Chief of Police.

(15) Taxicabs to be marked. Every taxicab shall be conspicuously marked on the right and left side with the name of the licensee and the serial number designated in the taxicab license, such letters and numbers to be not less than 1 1/2 inches in height and of a light color on a dark background, or dark color on a light background. A card containing the name of the licensee, taxicab license number and rates of fares printed thereon shall be kept in a conspicuous place inside of such vehicle at all times.

(16) Drivers to report accidents. It shall be the duty of each taxicab driver to report to the Police Department within 12 hours after its occurrence any accident resulting in any injury to persons or damage to property wherein a taxicab driven by him or her was involved.

(17) Rates. Upon application for license, or any renewal thereof, the applicant shall file with the Clerk-Treasurer a statement of rates of fare to be charged. Such rates of fare shall not be changed during the term of one license, nor any other rates charged, without such licensee first making application to the Council requesting a change therein; notice of the requested change shall not be less than 30 days. No licensee shall charge any other rate than the established rate.

[Amended 9-8-1999 by Ord. No. 1419]

§ 7.09 Junk dealers.

(1) License required. No person within the City shall keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any old, used or secondhand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture, used motor vehicles or the parts thereof, or other article which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk, whether with a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as hereinafter provided. One carrying on the aforesaid business shall be referred to herein as "junk dealer."

(2) Exception. No license shall be required for the storage of wrecked motor vehicles stored within service garages and filling stations or on any service garage or filling station site.[1]

[Amended 9-8-1999 by Ord. No. 1419]

[1] Editor's Note: See also § 9.05, Junked automobiles, and § 4.09, Abandoned vehicles.

(3) Application. Application for such license shall be made in duplicate and filed with the Clerk-Treasurer and shall be accompanied by the license fee. Such application shall be made on a form provided by the Clerk-Treasurer. No application shall be considered unless all the information requested on such form is fully provided.

(4) License fee. The license fee shall be as set by Council resolution and shall be for the year to commence on July 1 and end on June 30 or any fraction thereof.

[Amended 12-8-1999 by Ord. No. 1438]

(5) Inspection required. The Clerk-Treasurer shall report such application to the Chief of Police, Health Officer, Fire Chief and Building Inspector, who shall inspect or cause to be inspected such premises to determine whether it complies with all laws, ordinances, rules and regulations. Said premises and all structures thereon shall be so situated and constructed that the business of junk dealer may be carried on in a sanitary manner, shall contain no fire hazards and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.

(6) Referral to Plan Commission. The application shall first be submitted to the Plan Commission for a hearing to determine the suitability of the site for the business proposed thereon.

(7) Referral to Council. The application, together with the recommendation of the Plan Commission, shall be referred to the Council which may grant, grant with conditions, or deny the license.

(8) Restrictions applicable to junk dealers.

(a) Every junkyard shall be enclosed by a solid fence not less than six feet nor more than eight feet high. Such fence shall be approved by the Building Inspector.

(b) No junk shall be displayed or stored outside the fenced area of the premises.

(c) No licensee hereunder shall conduct his or her business or any operation pertaining to such occupation on Sundays or between the hours of 8:00 p.m. and 6:00 a.m. on other days.

(d) No licensee shall conduct his or her business in such manner as to disturb unduly the peace and quiet of the neighborhood. The premises shall at all times be kept in a clean and wholesome condition and in full compliance with this section and in accordance with the reasonable rules, regulations and directions of the Council.

(e) Effective means for the elimination of the rodents and vermin commonly infesting junkyards shall be administered by all licensees hereunder.

(f) Every licensee shall keep a written record of all articles purchased or sold with a description thereof and the name and address of the person involved in the transaction. This record shall be open to inspection by the Police Department at all reasonable hours. Such record shall be kept for two years after expiration of any license issued hereunder.

(g) Every holder of a junk dealer's license shall at all times keep said license posted while in force in a conspicuous place on the premises described in the application for such license. No person shall post such license or be permitted to post it upon the premises other than those mentioned in the application, or knowingly to deface or destroy any such license.

(9) Revocation.

(a) Upon complaint being made in writing by any three residents or any official of the City to the Council that any licensee hereunder has violated any of the provisions of this section, the Council shall summon such licensee to appear before it at the time specified in the summons, which shall be not less than three days after the date of the service thereof, to show cause why his or her license shall not be revoked or suspended. The Council shall thereupon proceed to hear the matter and, if it finds that the allegations of said complaint are true, may revoke or suspend the license of such person. The provisions hereunder shall not be effective unless the licensee has received notice from the Building Inspector that a complaint has been filed with the Council as to the operation of his or her premises and such licensee has been given a reasonable time to correct the condition complained of or to otherwise satisfy such complaint.

(b) Whenever a license is revoked, the licensee shall have a period of 45 days from the date of such revocation to liquidate his or her business, during which time he or she shall be required to comply with all the terms and conditions of this section.

(c) In addition to the penalties provided herein, a person who violates any provision of this section may be penalized as provided in § 20.04 of this Code.[2]

[2] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 7.10 Milk dealers. [1]

(1) License required. No person shall sell or distribute milk, or milk products as defined in Subsection (3) of this section, for direct human consumption or to any hotel, restaurant, store, vendor or other retailer for resale for human consumption without first having obtained a license therefor from the Clerk-Treasurer. No license shall be required for hotels, restaurants, stores, vendors and other retailers who sell milk and milk products furnished by milk dealers licensed under this section.

(2) License application. Every application for a license shall state the name and address of the person applying for the license and the location of each premises where any item regulated by this section is bottled, pasteurized or otherwise prepared for distribution.

(3) Definition. For the purposes of this section, the term "milk product" shall mean and include cream, homogenized milk, buttermilk, skim milk, milk beverages, skim milk beverages, milk or skim milk which have been fortified by the addition of vitamins or minerals.

(4) License fee. The license fee hereunder shall be as set by Council resolution and shall be for the year to commence on July 1 and end on June 30 or any fraction thereof.

[Amended 12-8-1999 by Ord. No. 1438]

[1] Editor's Note: See also § 11.03, Sale of milk and milk products.

§ 7.11 Bowling alleys and theaters.

[Amended 12-8-1999 by Ord. No. 1438; 2-7-2001 by Ord. No. 1477]

There is hereby established an annual license fee as set by Council resolution for each bowling lane and for each theater screen.

§ 7.12 Mobile homes and mobile home parks.

(1) Purpose. The purpose of this section is to regulate the parking, location and occupation of mobile homes; to license and regulate mobile home parks; and to provide for mobile home license fees.

(2) Definitions. As used in this section, the following terms shall have the meanings hereinafter designated:

COMPLETE BATHROOM FACILITIES

A flush toilet, lavatory and bath.

DEPENDENT MOBILE HOME

A mobile home which does not have a bathroom.

LICENSEE

Any person, firm or corporation licensed to operate and maintain a mobile home park under this section.

LOT

A space as defined in the definition of "space" below.

MOBILE HOME

That which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances, except that a mobile home is not deemed a mobile home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceeds 50% of the assessable value of the mobile home.

MOBILE HOME PARK

Any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. As used in this section, mobile home park is limited to plots on which are located two or more nondependent mobile homes.

MOBILE HOME STAND

That part of an individual space which has been reserved and improved for the placement of one mobile home unit.

NONDEPENDENT MOBILE HOME

A mobile home equipped with complete bath and toilet facilities, all furniture, cooking and heating appliances, and complete year-round facilities.

OCCUPIED AREA

That portion of an individual mobile home space which is covered by a mobile home and its accessory structures.

PARK

Mobile home park.

PARK MANAGEMENT

The person who owns or has charge, care or control of the mobile home park.

PERSON

Any natural individual, firm, trust, partnership, association or corporation.

SPACE

A plot of ground within a mobile home park of not less than 4,000 square feet, designed for the accommodation of one mobile home unit.

UNIT

A mobile home unit.

(3) Parking outside licensed mobile home parks restricted.

(a) No person shall park, locate or place any mobile home outside of a licensed mobile home park in the City, except unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for purposes of sales display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided that no business is carried on therein; or in an accessory private garage building or rear yard of the owner of such mobile home.

(b) No person shall stop, stand or park a mobile home on any street, alley or highway within the City in violation of W.S.A. Chs. 340 to 348 or the Traffic Code of the City.[1]

[1] Editor's Note: See Ch. 4, Traffic Code.

(4) Mobile home occupancy permits.

(a) Mobile homes legally located and occupied on premises outside a licensed mobile home park prior to November 1, 1973, may be continued in such location, provided that the owner of the premises on which such unit is located has obtained a use permit from the Clerk-Treasurer showing the date on which such use and occupancy commenced, the names of the owner and occupants and that such use and occupancy is otherwise in conformity with the applicable laws and regulations of the state and City. Such nonconforming use shall be automatically terminated upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home exceed 50% of assessed net value as determined by the Building Inspector.

(b) The owner or occupant of a mobile home shall, within five days after entering a licensed mobile home park or removing to another park with the City, obtain a mobile home occupancy permit from the Clerk-Treasurer. Such permits shall be issued only for mobile homes which comply with W.S.A. ss. 101.90 to 101.95, and are so labeled, pursuant to W.S.A. s. 101.92(5) and (6).

(5) Mobile home park developer's permit.

(a) No person shall construct, alter, modify or extend any mobile home park or mobile home park building or facility within the limits of the City without first securing a mobile home park developer's permit from the Clerk-Treasurer. Such permits shall be issued upon approval by the Council.

(b) Applications for mobile home park developers' permits shall be filed with the Clerk-Treasurer with sufficient copies for the Clerk-Treasurer to forward one each to the Building Inspector, Plumbing Inspector, Electrical Inspector, City Engineer, Plan Commission and Fire Chief, who shall investigate and review said application to determine whether the premises on which said park will be located and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply with the applicable regulations, ordinances and laws of the state and City, and report their findings in writing to the Council within 60 days. Such reports shall be considered by the Council before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.

(c) Applications for mobile home park developers' permits shall be accompanied by a fee as set by Council resolution to cover the cost of investigation and processing plus regular building permit fees for all buildings or structures to be erected within the proposed park.

[Amended 12-8-1999 by Ord. No. 1438]

(d) Applications shall be made on forms furnished by the Clerk-Treasurer and shall include the following information:

1. Name and address of the applicant.

2. Location and legal description of the proposed park, addition, modification or extension.

3. A complete plot plan showing compliance with all applicable provisions of this section and the City Building, Zoning and Subdivision Codes.

4. Complete preliminary engineering plans and specifications, including a scale drawing of the proposed park, showing, but not limited to:

a. Plans and specifications of all utilities, including sewerage collection and disposal, stormwater drainage, water and electrical distribution and supply, refuse storage and collection, lighting, telephone and television antenna systems.

b. Location and width of roadways and walkways, buffer strips, recreational and other common areas.

c. The location of mobile home stands within the mobile home spaces, including a detailed sketch of at least one typical mobile home space and stand therein.

d. Landscape plan showing all plantings.

e. Plans and specifications of all park buildings and structures.

5. Interest of applicant in proposed mobile home park or extension thereof. If owner of tract is a person other than the applicant, a duly verified statement by the owner that the applicant is authorized by him or her to construct and maintain the proposed park, addition, modification or extension and make the application.

6. Written statements describing proposed park operations, management and maintenance, including proposed fees and charges and other requirements to be imposed on park occupants by the park operator.

(e) Final engineering plans and specifications complying with the provisions of this section and any modifications or conditions imposed by the Council shall be submitted to the Clerk-Treasurer and checked by the proper City officials for compliance before the license is issued.

(6) Standard requirements for mobile home parks, additions or extensions. All mobile home parks and modifications of or additions or extensions to existing parks shall comply with the following:

(a) Wis. Adm. Code H62 and 77 and PSC184 are made a part of this section by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this section or any other applicable law or code provision of the state or City which is more restrictive.

(b) Mobile home parks shall contain a minimum of 10 acres.

(c) The maximum number of mobile home spaces shall be eight per acre and individual spaces shall be not less than 4,000 square feet in area and arranged to afford ample area for a variety of units, a setback of 50 feet from all public rights-of-way that border the park boundaries, 40 feet from all other park boundaries, 25 feet from all public rights-of-way within the park and 25 feet from all common areas (including parking areas). There shall be a total of 14 feet for the required side yards with a minimum setback of six feet. There shall be a rear yard setback of 15 feet. Detached accessory structures shall be located not less than 25 feet to the front property line and not less than three feet to a rear or side lot line. All structures shall be not less than five feet from all other structures.

[Amended by Ord. No. 857]

(d) No mobile home park shall be laid out, constructed or operated without City water supply and sanitary sewer service. All water or sanitary sewerage facilities in any unit not connected with public water or sewer systems by approved pipe connections shall be sealed, and their use is hereby declared unlawful.

(e) Individual valved water service connections shall be provided for direct use of each unit, so constructed and installed that they will not be damaged by frost or parking of the unit. Water systems shall be adequate to provide a pure, potable water supply of six gallons per minute at a minimum pressure of 20 pounds per square inch (psi) and capable of furnishing a minimum of 150 gallons per unit per day. Fire hydrants shall be installed within 500 feet of every mobile home stand and park building.

(f) All liquid wastes originating at units, service or other buildings shall be discharged into a sewerage system extended from and connected with the public sewerage system. Such system shall comply with all provisions of the Wisconsin Administrative Code and this Code relating to plumbing and sanitation. Each individual space shall be provided with a three-inch minimum watertight sewer connection protected from damage by heaving and thawing or parking of the unit and located within the rear 1/3 of the stand, with a continuous grade which is not subject to surface drainage, so constructed that it can be closed when not in use and trapped in such a manner that it can be kept odor-free.

(g) Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the Health Officer. Open burning of waste or refuse is prohibited.

(h) All television antenna systems, electrical and telephone distribution lines, and oil or gas piping serving the park or spaces therein shall be installed underground. Distribution systems shall be new, and all parts and installations shall comply with all applicable federal, state and City codes. Each space shall be provided with a weatherproof electrical overcurrent protection device, disconnect means and branch service of not less than 100 amperes for 220 volt service located adjacent to the water and sewerage outlets. Receptacles shall be of the four-pole-four-wire grounding type and have a four-prong attachment for 110 to 220 volts.

[Amended 9-8-1999 by Ord. No. 1419]

(i) Before a mobile home is located on a space, a stand consisting of a concrete slab of six-inch-thick concrete 3,500 psi or concrete piers extending below frost and having tiedown and leveling devices, with six-inch gravel 12 feet wide and 50 feet long shall be erected thereon. At least six tiedowns shall be provided at regular intervals on each slab. As a complete and separate alternative to the foregoing requirements, tiedown procedures approved by the Building Inspector shall be accepted.

(j) A minimum of two off-street parking spaces surfaced with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust or similar material capable of carrying a wheel load of 4,000 pounds shall be provided for each mobile home space.

(k) Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of mobile home spaces or living units. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influence, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property within or without the park to hazards.

(l) Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

(m) The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.

(n) All parks shall be furnished with lighting so spaced and equipped with luminaires placed at such heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night, as follows:

1. A minimum of 0.1 footcandle in all parts of the park street systems.

2. A minimum of 0.3 footcandle individually illuminating potentially hazardous locations such as major park street intersections and steps or stepped ramps.

(o) All mobile home spaces shall abut upon a street. Widths of streets shall be in accordance with Wis. Adm. Code H77.04(8). All streets shall be provided with a smooth, hard and dense surface which shall be well drained under normal use and weather conditions for the area. Pavement edges shall be curbed or protected to prevent raveling of the wearing surface and shifting of the pavement base. Grades of streets shall be sufficient to ensure adequate surface drainage, but not more than 8% provided a maximum grade of 12% may be used if approved by the City Engineer as safe and designed to avoid traffic hazards. Streets shall be at approximately right angles within 100 feet of an intersection. Intersections of more than two streets at one point shall not be allowed. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets.

(p) All mobile home parks shall have a greenbelt or buffer strip not less than 20 feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all mobile home parks shall be provided within such greenbelt or buffer strip with screening of natural growth or screen fence except where the adjoining property is also a mobile home park. Compliance with this requirement shall be made within five years from the granting of the mobile home park developer's permit. Permanent plantings shall be grown and maintained at a height of not less than six feet. Screening or planting requirements may be waived or modified by the Council if it finds that the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.

(q) In all mobile home parks there shall be one or more recreation areas easily accessible to all park residents. Such areas shall include a total minimum of 10% of area. No single recreational area shall contain less than 50,000 square feet unless each mobile home site is provided with contiguous common recreational area not less than 20 feet wide at the narrowest dimension. Recreation areas shall be so located as to be free of traffic hazards and convenient to mobile home spaces which they serve.

(r) Single-family nondependent mobile homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one park office and service buildings for exclusive use of park residents shall be the only permitted uses in mobile home parks; provided that the Council may approve the following uses when designed and limited to exclusive use of park residents:

1. Laundromats.

2. Clubhouses and facilities for private social or recreation clubs.

3. Swimming pools.

(s) No signs shall be erected in mobile home parks except signs pertaining to the lease, hire or sale of individual mobile homes not more than two square feet in area and one mobile home park identification sign not more than 50 square feet in area at each park entrance.

(t) All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to parks shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.

(u) The standards and requirements for mobile home park design, layout and development contained in this section are intended to be minimum standards necessary to create a safe, sanitary, healthful, agreeable and urban environment in mobile homes and mobile home parks and the City.

(7) Mobile home park operator's license.

(a) No person shall operate, administer or maintain a mobile home park within the City without a valid mobile home park license issued by the Clerk-Treasurer and approved by the Council upon determination that the standards in this section have been met and payment of the required fee was made.

(b) Mobile home park licenses shall be issued for a calendar year and shall expire on December 31 next succeeding date of issue. Licenses may be issued after January 1 of any year, but no rebate or diminution of the fee shall be allowed therefor.

(c) The fee for a mobile home park license shall be as set by Council resolution and may be transferred for the fee as set by said resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(d) Licenses granted under this section shall be subject to revocation or suspension by the Council for cause in accordance with W.S.A. s. 66.058(2)(d). "Cause" as used in this paragraph shall include, but not be limited to:

1. Failure or neglect to abide by the requirements of this section or the laws or regulations of the State of Wisconsin relating to mobile home parks and their operation.

2. Conviction of any offense under the laws of the state or ordinances of the City relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of mobile homes or the leasing or rental of mobile home spaces or sale, lease or operation of park facilities.

3. Operation or maintenance of the mobile home park in a manner inimical to the health, safety or welfare of park occupants or the inhabitants of the City, including but not limited to repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards or nuisances.

4. Transfer or sale of an ownership interest in any mobile home space or the underlying land other than to another eligible licensee. Such action shall also subject the owner of the underlying land to all requirements of the state and City subdivision control laws and regulations regardless of the size or number of lots or spaces so transferred or sold.

(e) Except as provided in Subsection (7)(f) of this subsection, no mobile home park license shall be granted for any premises or to any person not meeting the following standards and requirements:

1. All standards and requirements set forth in this section, except as specifically waived or modified in writing by the Council, and endorsed on the mobile home park developer's permit. This requirement includes a valid certificate from the Wisconsin Department of Health and Social Services that the park complies with the provisions of Wis. Adm. Code H77 applicable thereto.

2. Mobile home parks shall be used only for the parking and occupancy of single-family nondependent mobile homes and accessory structures and appurtenances and uses authorized and approved under this section.

3. Applicant shall file with the Clerk-Treasurer certificates of the Building Inspector and Health Officer certifying that all equipment, roads, sanitary facilities, water facilities and other equipment and facilities, including roads, have been constructed or installed in the park as required by this section and are in required operating condition at the time of said application.

4. Location and operation of the park shall comply with all zoning and land use requirements of the state and City, and no permit shall be issued until the proposed use has been certified by the Building Inspector as complying with such requirements.

(f) Mobile home parks licensed on November 1, 1973, and parks in areas hereafter annexed to the City shall be exempt from the requirements hereof relating to land use and occupancy, provided that such use and occupancy complies with the applicable laws and ordinances in effect at the time of issuance of the original license, but shall file application for a mobile home park developer's nonconforming use permit and comply with all other provisions of this section within six months; provided that any such mobile home park having a density in excess of that provided in Subsection (6)(c) of this section shall be operated in other respects in accordance with this section. The Council may extend the time for compliance as herein required upon such conditions as it shall determine necessary to protect the health, safety and welfare of park occupants or inhabitants of the City. All extensions, modifications or additions to lawfully licensed existing parks or facilities or structures therein shall comply with this section.

(g) Each applicant for an original or renewal license shall file with the Clerk-Treasurer a bond in the sum of $2,500 for each 50 mobile home spaces or fraction thereof guaranteeing the collection by the licensee of the monthly parking permit fees as provided in Subsection (11) of this section and the compliance of licensee and the park management with the provisions of this section. Such bond shall also be for the use and benefit and may be prosecuted and recovery had thereon by any person who may be injured or damaged by reason of the licensee violating any provisions of this section.

(8) Operation of mobile home parks: responsibilities of park management.

(a) In every mobile home park there shall be located an office of the attendant or person in charge of said park. A copy of the park license and of this section shall be posted therein, and the park register shall at all times be kept in said office.

(b) The attendant or person in charge and the park licensee shall operate the park in compliance with this section and regulations and ordinances of the City and state and shall have the following duties:

1. Furnish information to the Clerk-Treasurer and Assessor on occupied mobile homes added to the park within five days after their arrival on forms furnished by the Department of Revenue.

2. Notify park occupants of the provisions of this section and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this section or any other violations of law which may come to their attention.

3. Notify the Health Officer immediately of any suspected communicable or contagious disease within the park.

4. Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections and tiedowns.

5. Maintain park grounds, buildings and structures free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

6. Maintain the park free from growth of noxious weeds.

7. Maintain the park free of litter, rubbish and other flammable materials, provide portable fire extinguishers of a type approved by the Fire Chief in all locations designated by the Chief and maintain such extinguishers in good operating condition and cause every area within the park designated as a fire lane by the Fire Chief to be kept free and clear of obstructions.

8. Provide every mobile home unit with a substantial, flytight, watertight, rodentproof container for the deposit of garbage and refuse in accordance with the ordinances of the City and the regulations of the Sanitation Department. The management shall provide stands for all refuse and garbage containers so designed as to prevent tipping and minimize spillage and container deterioration and facilitate cleaning.

9. Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal of all garbage and refuse shall be in accordance with the laws of the State of Wisconsin and the ordinances and regulations of the City, including regulations promulgated by the Health Officer and the Fire Chief.

10. Collect the monthly parking permit fee and cash deposits for each nonexempt mobile home within the park and remit such fees and deposits to the Clerk-Treasurer as required by Subsection (11) of this section.

[Amended by Ord. No. 908]

11. Allow inspections of park premises and facilities at reasonable times by municipal officials or their agents or employees.

(9) Responsibilities and duties of mobile home park occupants.

(a) Park occupants shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain their mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition.

(b) Park occupants shall be responsible for proper placement of their mobile homes on the mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

(c) Each owner or occupant of a nonexempt mobile home within a mobile home park shall remit to the licensee or authorized park management the cash deposit and monthly parking permit fee as required by Subsection (11)(c) of this section.

(d) It shall be the duty of every occupant of a park to give the park licensee or management, or his or her agent or employee, access to any part of such park or mobile home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section or any law or ordinance of the state or City or lawful regulation or order adopted thereunder.

(e) Mobile homes shall be parked only on the mobile home stands provided and shall be placed thereon in accordance with all requirements of this section.

(f) No mobile home owner or occupant shall conduct in any unit or any mobile home park any business or engage in any other activity which would not be permitted in single-family residential areas in the City.

(g) No person shall discharge any wastewater on the surface of the ground within any mobile home park.

(h) No person shall erect or place upon any mobile home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any mobile home unit except as specifically authorized by this section.

(10) Additional regulations on mobile homes and mobile home parks.

(a) Wrecked, damaged or dilapidated mobile homes shall not be kept or stored in a mobile home park or upon any premises in the City. The Building Inspector shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are hereby declared to be a public nuisance. Whenever the Building Inspector so determines, he or she shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists within the park or on lands owned by him or her giving the findings upon which his or her determination is based and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

(b) The Health Officer, Building Inspector, Fire Chief, City Engineer or their lawful agents or employees are authorized and directed to inspect mobile home parks not less than once in every twelve-month period to determine the health, safety and welfare of the occupants of the park and inhabitants of the City as affected thereby and the compliance of structures and activities therein with this section and all other applicable laws of the state and ordinances of the City.

(c) Fires in mobile home parks shall be made only in stoves and other cooking or heating equipment intended for such purposes. Outside burning is prohibited except by permit and subject to requirements or restrictions of the Fire Chief.

(d) All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the park shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and City and their authorized agents.

(e) All mobile homes in mobile home parks shall be skirted unless the unit is placed within one-foot vertically of the stand with soil or other material completely closing such space from view and the entry by rodents and vermin. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.

(f) No person shall construct, add to or alter any structure, attachment or building in a mobile home park or on a mobile home space without a permit from the Building Inspector. Construction on, or addition or alteration to, the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This paragraph shall not apply to addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard and rear yard requirements for mobile home units.

(g) Storage under mobile homes is prohibited.

(11) Fee for moving mobile homes into or out of mobile home parks.

[Amended by Ord. No. 907; 9-8-1999 by Ord. No. 1419; 6-8-2011 by Ord. No. 1786]

(a) There is hereby imposed on each owner of a nonexempt mobile home in the municipality a monthly parking permit fee determined in accordance with W.S.A. s. 66.058(3). It shall be the full and complete responsibility of the mobile home park licensee to collect the proper amount from each mobile home owner or occupant. Licensees and owners and occupants of mobile homes permitted to be located on land outside a mobile home park and owners of lands on which such homes are parked shall pay to the Clerk-Treasurer such parking permit fees on or before the 10th of the month following the month for which such fees are due in accordance with the terms of this section and such reasonable regulations as the Clerk-Treasurer may promulgate.

(b) Licensees of mobile home parks and owners of land on which are parked any nonexempt mobile homes shall furnish information to the Clerk-Treasurer and Assessor on such homes added to their park or lands within five days after arrival of such homes on forms furnished by the Clerk-Treasurer in accordance with W.S.A. s. 66.058(3)(c).

(c) Owners of nonexempt mobile homes, upon receipt of a notice from the Clerk-Treasurer of their liability for the monthly parking permit fee, shall remit to the Clerk-Treasurer a cash deposit as set by Council resolution to guarantee payment of such fees when due to the Clerk-Treasurer. It shall be the full and complete responsibility of the licensee of a mobile home park or owner of land on which the mobile home is parked to collect such cash deposits from each nonexempt mobile home therein and remit such deposits to the Clerk-Treasurer. Upon receipt of a notice from the owner or licensee that the nonexempt mobile home has been or is about to be removed from the City, the Clerk-Treasurer shall apply said cash deposit to the balance due or to become due for any monthly parking permit fees for which said owner is liable and refund the balance, if any, to said owner.

(d) There is hereby imposed upon each owner of a nonexempt mobile home in the municipality a fee for moving a mobile home into or out of a mobile home park, said fee to be set by Council resolution. It shall be the full and complete responsibility of the mobile home park licensee to collect the proper amount from each mobile home owner or occupant at the time that the mobile home is moved into or out of a mobile home park.

(e) Licensees in mobile home parks shall furnish information to the Clerk-Treasurer and Assessor on such mobile homes added to or removed from the mobile home parks within five days after arrival or removal of such homes on forms furnished by the Clerk-Treasurer. The fee for moving a mobile home into or out of a mobile home park shall be due and payable to the Clerk-Treasurer at the time that said information is furnished to the Clerk as set forth in this subsection.

§ 7.13 Regulation and licensing of animals.

[Amended by Ord. No. 983A; Ord. No. 1001; Ord. No. 1098; Ord. No. 1103; Ord. No. 1142; Ord. No. 1143Ord. No. 1144; 10-7-1998 by Ord. No. 1378; 9-8-1999 by Ord. No. 1419; 12-8-1999 by Ord. No. 1438; 2-11-2004 by Ord. No. 1571; 1-10-2007 by Ord. No. 1666; 1-10-2007 by Ord. No. 1679; 4-21-2009 by Ord. No. 1745; 11-13-2013 by Ord. No. 1834]

(1) Definitions. For purposes of this section, certain words and terms are defined as follows:

ANIMAL SHELTER

Any premises designated by the Council for the purpose of impounding and caring for all animals found running at large in violation of this section.

AT LARGE

Any animal shall be deemed to be at large when it is both off of the premises of the owner and not under direct control and restraint and in the physical custody of the owner or other person responsible for such animal, by means of a leash, chain or cord.

DANGEROUS ANIMAL

An animal, wild or domestic, which bites any human being or other domestic animal, or which demonstrates menacing and dangerous behavior toward a human being and/or property or other domestic animals. However, an animal shall not be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owners or harms or menaces anyone who has tormented or abused it.

DANGEROUS DOG

(a) Any dog which attacks without provocation or otherwise endangers the safety of human beings or domestic animals.

(b) Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting.

(c) However, no dog shall be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it.

EXPOSED TO RABIES

An animal has been exposed to rabies within the meaning of this section if it has been bitten by, or come in contact with, any animal known to have been infected with rabies.

KENNEL or CATTERY

The commercial business of breeding, buying, selling or boarding dogs or cats.

OWNER

Any person owning, keeping, harboring or controlling an animal within the City, including persons temporarily in possession of an animal at the owner's request.

RESTRAINT

Any animal is under restraint within the meaning of this section if it is controlled by a leash, at "heel" beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.

SPAYED FEMALE ANIMAL

Any female animal which has been operated upon to prevent conception.

(2) Enforcement. The provisions of this section shall be enforced by police officers.

(3) Licensing of dogs.

(a) License required. It shall be unlawful for any person in the City to own, harbor or keep any dog more than five months of age without complying with the provisions of W.S.A. ss. 174.05 through 174.10, relating to the listing, licensing and tagging of the same. In addition to the dog license tax imposed under W.S.A. s. 174.05(2) and (3), there is hereby imposed a City dog license tax, payable to the Clerk-Treasurer, in the amount as set by Council resolution.

(b) Lost license tag. In the event that a metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag from the Clerk-Treasurer upon the payment of a fee as set by Council resolution.

(c) Change of ownership. If there is a change in ownership of a licensed dog or kennel during the license year, the new owner may have the current license transferred to his or her name upon the payment of a transfer fee as set by Council resolution.

(d) Transfer prohibited. No person shall use for any animal a license receipt or license tag issued for another animal.

(e) Late fees. The Clerk-Treasurer shall assess and collect a late fee as set by Council resolution from every owner of a dog five months of age or older if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog, or if the owner failed to obtain a license before the dog reached licensable age.

(f) Kennel license option. The owners of kennels may opt to pay a kennel license fee in lieu of the fees provided in Subsection (3)(a) above, and the Clerk-Treasurer shall issue tags for each dog owned by the kennel owner, as provided in W.S.A. s. 174.053. The fee for such license shall be as set by Council resolution.

(3.1) Licensing and regulation of cats.

(a) License required. It shall be unlawful for any person in the City to own, harbor or keep any cat more than five months of age without obtaining a cat license. A cat license may be obtained by paying the amount as set by Council resolution.

(b) Identification and control of cats. Every person residing in the City and owning or having in his or her possession any cat shall have said cat bear identification, either by tag, tattoo or other suitable means of identification.

(4) Rabies vaccination required. It shall be unlawful for any person to keep a dog and/or cat in the City which is over five months of age and has not received a rabies vaccination No dog and/or cat license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed dogs and/or cats at all times.

[Amended 12-14-2022 by Ord. No. 2013]

(5) Animals running at large; untagged dogs and unidentified cats.

(a) Animals running at large. An animal is considered to be running at large if it is off the premises of its owner and not under the restraint of the owner or some other person as defined in Subsection (1) above. In addition, no person owning or having the responsibility, charge, care, custody or control of any animal shall allow the animal to stray, run, be let go or in any manner to exist at large on or upon any public street, sidewalk or public park or thoroughfare, or upon any other person's property without the consent of the property owner. It shall be unlawful to abandon, within the City limits, any domesticated animal.

(b) Untagged dog. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.

(c) Unidentified cat. A cat is considered to be unidentified if the provisions of Subsection (3.1)(b) above have not been met.

(d) Animals subject to impoundment. Any police officer shall attempt to capture and restrain any animal running at large and any untagged dog or unidentified cat.

(e) Animals injuring or destroying property of others. It shall be unlawful for any person to own, or to allow to be in or upon any premises occupied by him or her or under his or her charge or control, any animal that in any manner injures or destroys real or personal property of any description belonging to another. If, upon the trial of any offense mentioned in this section, it shall appear to the Judge that the person is guilty as charged in said complaint, said Judge may, in addition to the usual judgment of conviction, order the person so offending to make restitution to the party injured in an amount equal to the value of the property so injured or destroyed.

(f) Penalties. In addition to the penalties, as provided in Subsection (5)(e) above, if the owner of an animal, negligently or otherwise, permits the animal to run at large or a dog or cat to be untagged or the cat to be unidentified, the owner shall forfeit $200, plus costs, for the first offense; $300, plus costs, for the second offense; and an additional $50 for each subsequent offense. If the dog is unlicensed, the above penalties shall be doubled.

(6) Restrictions on dangerous dogs.

(a) Unconfined dogs. No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog:

1. To go unconfined on the premises of such person. A dangerous dog is "unconfined," as the term is used herein, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person.

2. To go beyond the premises of such person unless such dog is securely muzzled or restrained with a chain of sufficient strength to maintain control of such dog.

(b) Dogfighting. No person shall own or harbor any dog for the purpose of dogfighting or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to commit unprovoked attacks upon human beings or domestic animals.

(c) Conveying dangerous dogs. No person shall possess with intent to sell, offer for sale, breed or buy or attempt to buy or give away within the City any dangerous dog.

(7) Number of dogs and cats per household regulated. Except for kennels, no household shall have more than three dogs and three cats over five months of age.

(8) Duty to report animal bite. Every person, including the owner or person harboring or keeping an animal; every employee and agent of the City; and every veterinarian and physician practicing within the City shall promptly report to the Police Department any instance in which a person is bitten by an animal. Any animal reported to have bitten a person shall be captured alive, whenever possible, by any designated official or employee of the City and shall be quarantined for observation, as required by law.

(9) Liability for damages to person bitten.

(a) General liability. The owner of any animal which bites any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such animal, shall be liable for damages suffered by the person bitten regardless of the known or former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon private property, within the meaning of this section, when he or she is on such property in the performance of any duty imposed upon him or her by laws of this state or the laws of postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied, of the owner thereof; provided, however, that no owner of any animal shall be liable for any damages to any person or his or her property when such person shall mischievously or carelessly provoke or aggravate the animal's infliction of such damage.

(b) Penalty. Any person violating any provision of this subsection shall pay all expenses, including shelter, food and veterinary expenses necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of such animal. In addition, such person shall pay all actual damages suffered by the victim of the attack. This subsection shall be in addition to and not in lieu of any other additional penalties imposed by this Code.

(10) Animals suspected of having rabies. If an officer has reason to believe that a dog, cat or other animal has bitten a person or is infected with rabies or has been in contact with the rabid animal, said officer shall comply with the provisions of W.S.A. ss. 95.21(4), (5) and (6).

(11) Impounding and disposition of dogs or cats.

(a) Impounding of dogs or cats. Any police officer or other person restraining an animal running at large shall take such animal to the City Animal Shelter. The boarding fee for impounded dogs or cats shall be as set by Council resolution. In addition to said boarding fee, the person to whom the animal is released shall pay a service fee as set by Council resolution. The police shall attempt to identify and notify the owner.

(b) Release of animal to owner or representative. The caretaker of the Animal Shelter or police officer may release the animal to the owner or his or her representative if the owner or representative:

1. Presents evidence of ownership and gives his or her name and address.

2. Presents evidence that the dog is licensed or the cat is identified and the animal is vaccinated against rabies.

3. Pays the dog's or cat's boarding and service fee.

4. Submits a signed form, signed by the Police Department.

(c) Release of animal to person other than owner. If the owner of the animal is unknown or does not reclaim the animal within seven days, the caretaker of the Animal Shelter may release the animal to a person other than the owner if such person:

1. Gives his or her name and address.

2. Signs a statement agreeing to:

a. License the dog and have the dog vaccinated against rabies; or

b. Properly identify the cat and have the cat vaccinated against rabies.

(d) Disposition of animal in humane manner. If the animal is not released to the owner or other person in seven days, the caretaker may dispose of the animal as provided in W.S.A. s. 174.13 or dispose of the animal in a proper and humane manner.

(12) Investigation. For the purpose of discharging the duties imposed by this section and to enforce its provisions, any police officer is empowered to enter upon any premises upon which an animal is kept or harbored and to demand the exhibition by the owner of such animal or the license for such dog or identifying information for such cat. It is further provided that a police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in his or her opinion, it requires removal from the premises.

(13) Interference prohibited. No person shall interfere with or hinder any police officer or caretaker in the performance of any duty of such agent or seek to release any animal in the custody of the caretaker of the Animal Shelter, except as herein provided.

(14) Records required.

(a) It shall be the duty of the caretaker to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into his or her custody. Such records shall be open to public inspection.

(b) It shall be the duty of the Police Chief to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him or her and his or her investigation of same.

(c) It shall be the duty of the Animal Shelter caretaker or Police Department to keep, or cause to be kept, accurate and detailed records of all moneys coming into his or her possession, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the City, and shall be turned into the Clerk-Treasurer quarterly.

(15) Controlling and cleaning up after animals.

(a) No person shall exercise or walk an animal unless said animal is on a leash, except that no leash is required where the animal has such training that the person who is conducting the exercise shall be able to cause the animal, upon command, to heel. Evidence that such training is not present includes, but is not limited to, the dog touching other dogs, cats, animals or human beings after the order to "heel," or an equivalent command, has been or should have been given.

(b) The owner or person having immediate care, custody or control of any animal shall promptly remove and dispose of, in a sanitary manner, any excreta left or deposited by the animal upon any public or private property.

(c) It is unlawful for any person to permit an animal to be on public property or private property not owned or possessed by such person unless such person has, in his or her immediate possession, an appropriate means of removing animal excreta.

(d) It shall be unlawful for any person within the City to own, harbor or keep any animal which:

1. Habitually pursues vehicles upon any street, alley or highway.

2. Molests passersby or assaults or attacks any person without provocation or causes damage to personal property.

3. Habitually barks, howls or makes noise to the annoyance of any person or persons. This subsection shall not apply to hospitals conducted for the treatment of small animals or to the premises occupied or used by the Humane Society.

4. Kills, wounds or worries any domestic animal.

(e) Any person violating any provision of this subsection shall be subject to a penalty as provided in § 20.04 of this Code.

(16) Penalties. In addition to other penalties provided in this section, the following penalties are imposed:[1]

(a) Any person violating Subsection (6) above shall, upon conviction, forfeit the sum of $250 plus costs for the first offense, $1,000 plus costs for the second offense and an additional $50 for each subsequent offense.

(b) Any person who fails to have a dog vaccinated against rabies, as required by Subsection (4) above, shall, upon conviction, forfeit not less than $100 nor more than $500, plus the cost of prosecution.

(c) An owner of any animal who refuses to comply with an order issued under this section to deliver the animal to a police officer, the City Animal Shelter or veterinarian, or who does not comply with the conditions or an order that the animal be quarantined, shall, upon conviction, forfeit not less than $100 nor more than $500, plus the cost of prosecution.

(d) Any person violating any other provision of this section shall be subject to a penalty as provided in § 20.04 of this Code.

(e) In addition to the forfeitures set forth herein, the person who is found to have violated any provision of this section shall also be ordered, upon conviction, to pay any and all expenses incurred, including but not limited to shelter, food, veterinarian expense for identification or certification, boarding or veterinarian expenses associated with the seizure of the animal for the protection of the public and any other expenses as may be required for the destruction of such animal.

[1] Editor's Note: See also the Bond Schedule included as an attachment to Chapter 20, General Provisions.

§ 7.131 Regulation and licensing of pet stores and grooming salons.

[Added 6-8-2011 by Ord. No. 1787]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

GROOMING SALON

Any person, partnership or corporation engaged in the business of grooming animals of any species.

PET SHOP

Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species.

(2) Licensed required. No person shall operate a grooming salon or pet store within the City without having first obtained a license from the Clerk-Treasurer. Before issuing the license, the Clerk-Treasurer shall collect the license fee from the operator.

(3) License fee. The license fee shall be set by Council resolution. A license fee shall be for a one-year term commencing July 1 of each year.

§ 7.132 Regulation and licensing of chickens.

[Added 5-17-2017 by Ord. No. 1918]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

CHICKEN

The common fowl (Gallus gallus domesticus), especially when young; also, its flesh used for food.

COOP

A structure for the sheltering of chickens. Said structure shall meet the standards contained in this section.

(2) Permit required. A permit shall be issued by the City Clerk's office. The permit process requires a completed application accompanied by the fee as determined by the City Council. The permit will expire December 31 of each year. A new permit must be reissued annually and a new fee paid with each application. Applications received after April 1 are subject to a late fee as set by Council.

(3) The applicant is required to register with the State of Wisconsin Department of Agriculture, Trade and Consumer Protection as soon as chickens are added to a premises and must keep registration current and up to date. State ID number must be provided to the City of Shawano at the time of application.

(4) Keeping of chickens allowed. The keeping of up to four chickens, with a permit, is allowed on a single-family detached dwelling premises (as defined in § 10.03), provided the following:

(a) No person shall keep a rooster.

(b) No person shall slaughter any chicken within City limits.

(c) Chickens shall be provided with fresh water at all times and adequate amounts of feed.

(d) Chickens shall be provided with a sanitary and adequately sized enclosure, or coop, and shall be kept in an enclosure or a sanitary and adequately sized and accessible fenced enclosure, including fencing or other covering to prevent the chickens from flying out of the enclosure.

(e) Chicken coops shall be constructed in a workmanlike manner, be moisture-resistant and either be raised off the ground or placed on a hard surface such as concrete, patio block or gravel.

(f) Chicken coops and enclosures shall be cleaned of hen droppings, uneaten food, feathers and other waste daily and as necessary to ensure that the coop and yard area do not become a health, odor or other nuisance. In addition, the chicken coops and enclosures must be thoroughly ventilated, predator-proof and be of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and must be at least two square feet.

(g) All chickens kept pursuant to this section shall be disease free.

(h) The total area devoted to keeping chickens may not exceed 80 square feet.

(i) No part of any enclosure shall be located closer than 25 feet from any residential dwelling on an adjoining lot. No part of any enclosure may be located closer than five feet from any lot line. No part of any enclosure shall be located nearer than 25 feet from a navigable waterway.

(j) No enclosure may be located in the front yard area of a lot.

(k) No one may keep any chickens in a manner that causes a nuisance, unhealthy condition or public health threat.

(l) The chickens shall be shut into the chicken house at night, from sunset to sunrise.

(m) During the daylight hours, the adult chickens shall have access to the chicken house and, weather permitting, shall have access to an outdoor enclosure on the subject property, adequately fenced to contain the chickens and to prevent access to the chickens by dogs and other predators. Additional permits may be required for any fencing exceeding 24 feet.

(n) Stored feed must be kept in a rodent- and predator-proof container.

(5) Permit revocation. A permit is subject to revocation by the Common Council by recommendation of the Building Inspector or City Clerk. Once a permit is revoked, it shall not be reissued for a period of at least two years.

§ 7.133 Regulation and licensing of beekeeping.

[Added 3-14-2018 by Ord. No. 1939]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

APIARY

The assembly of one or more colonies of bees at a single location.

BEEKEEPER

A person who owns or has charge of one or more colonies of bees and has demonstrated to the Building Inspector that he or she has obtained formal education or sufficient practical experience to act as a beekeeper.

COLONY

An aggregate of bees in a hive consisting principally of workers, but having, when perfect, one queen and at times many drones.

HIVE

The shelter housing a colony of bees where indicated by the context.

HONEY BEE

All life stages of the common domestic honey bee, apis mellifera species.

(2) Permit required. No person shall keep honey bees in the City without being a beekeeper and obtaining a valid permit issued by the City Clerk. The permit process requires a completed application accompanied by the fee as determined by the Common Council. The permit will expire December 31 of each year. A new permit must be reissued annually and a new fee paid with each application.

(3) Manner of keeping.

(a) No more than four hives are allowed on premises.

(b) All hives shall have combs which are kept in sound and usable condition and removable for inspection.

(c) In each instance in which any colony is situated within 25 feet of a developed public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, dense vegetation or combination thereof that is parallel to the property line and extending 10 feet beyond the colony in each direction so that all honey bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

(d) A property owner shall cause any abandoned hive to be removed from the property. All hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled and removed by the most recent permit holder.

(e) No hive may house a colony of insects other than honey bees.

(f) A constant and adequate supply of water shall be provided within 20 feet of the hives. The water source shall be designed to allow honey bees to access the water by landing on a hard surface. This provision shall not apply during the winter.

(g) All hives and related structures that form the apiary shall be located a minimum of 15 feet from all property lines and public sidewalks and shall be faced towards the interior of the owner's property.

(h) In any instance in which a hive exhibits unusually aggressive characteristics it shall be the duty of the beekeeper to destroy or re-queen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

(i) In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.

(4) Right of entry.

(a) The Building Inspector, or his or her designee, may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.

(b) If the Building Inspector, or his or her designee, finds any hive kept in violation of these requirements, in addition to any other remedy available under this code, he or she may order the violation corrected within 14 days. If the permit holder fails to correct the violation within 14 days, the hive in violation may be destroyed and/or removed from the municipality by the City and the cost thereof shall be charged back to the property owner as a special charge pursuant to § 66.0627, Wis. Stats.[1]

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(5) Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section. Once a permit is revoked, a permit shall not be reissued.

§ 7.14 Regulation and licensing of bicycles.

(1) Registration required. No resident shall operate a bicycle upon any street or public way within the City unless the bicycle shall first have been registered by the owner and properly licensed as hereinafter provided.

(2) Definition. "Bicycle" shall mean and include a light vehicle having two or more wheels, usually tandem, but which may be tricycle or sidecar, both of which are 20 inches in diameter or greater, with tires inflated, having a steering wheel and a saddle seat of seats, propelled by the feet acting on treadles connected with cranks or levers.

(3) Registration. Registration shall be made by filing an application with the Police Department setting forth the name and address of the owner, together with a complete description of the bicycle, and paying the registration and license fee hereinafter provided. Each registration shall be serially numbered and kept on file in the office of the Police Department. The Police Department shall keep a record of the date of issuance of each license, to whom issued and the number thereof. Upon such registration, the Police Department shall issue a license which shall be affixed to the bicycle in a place determined by the Police Department. Such license plate shall remain so fixed to the bicycle unless removed by order of a court.

(4) License fee. The license fee to be paid for each bicycle shall be as set by Council resolution, which fee shall be for the time the bicycle is owned by the registered owner. All such license fees shall be paid over to the Clerk-Treasurer.

[Amended 12-8-1999 by Ord. No. 1438]

(5) License renewal. All bicycle registrations shall be renewed whenever the original license becomes illegible or is destroyed. The license fee for renewal shall be as set by Council resolution. Upon such registration, a new license shall be furnished the bicycle owner or operator.

[Amended 12-8-1999 by Ord. No. 1438]

(6) Lost license. In case of theft, loss, mutilation or defacing of said license, a new license shall be issued by said Department for a fee as set by Council resolution. No person shall willfully remove, deface or destroy any such license.

[Amended 12-8-1999 by Ord. No. 1438]

(7) Mutilation of serial number. No person shall willfully or maliciously remove, destroy, mutilate or alter the serial number of any bicycle frame licensed pursuant to this section or any license.

(8) Transfer or cancellation. Within 10 days after any bicycle registered hereunder shall have changed ownership or be dismantled and taken out of use, the person in whose name the bicycle has been registered shall report such information to the Police Department. In case of change of ownership, the registration shall thereupon be canceled and a new license issued to the new owner upon proper application and payment by him or her of the registration fee provided for in Subsection (4) above.

(9) Inspection of bicycles. Every bicycle in the City shall be inspected and examined at the Police Department or any other location so designated by the Chief of Police for a serial number. If such bicycle has no serial number, a serial number shall be stamped on the frame of such bicycle by any qualified mechanic of a bicycle store or shop so designated by the Chief of Police.

(10) Parental violation. It shall be unlawful for any parent, guardian or person having legal custody of a child under the age of 18 years to have such child fail to have his or her bicycle registered as hereinbefore provided or to allow such child under 18 years of age to violate any of the provisions of this section after such parent, guardian or person having legal custody of such child has been warned as hereinafter provided.

(11) Warning. The first time a child is detained by a law enforcement officer for violation of any of the provisions of this section, his or her parent, guardian or person having such legal custody shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this child or any other child under his or her care or custody shall result in a penalty being imposed as hereinafter provided.

(12) Penalties.

[Amended 9-8-1999 by Ord. No. 1419]

(a) Any person who shall violate any of the provisions of this section other than the provisions providing for warning of parent, guardian or person having legal custody of a child under 18 years of age shall, upon conviction thereof, be punishable as provided in § 20.04, Bond Schedule, together with the cost of prosecution, and, in default of payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail for not exceeding 10 days. Any minor 14 years of age or over may be prosecuted for any violation of this section pursuant to W.S.A. ss. 938.17, 938.237, 48.37 and 938.343.

(b) Any parent, guardian or person having legal custody of a child under 18 years of age and who has been warned in the manner provided in Subsection (11) above and who thereafter violates any of the provisions of this section shall be punishable as provided in § 20.04, Bond Schedule, together with the cost of prosecution, and, in default of the payment of forfeiture and cost of prosecution, he or she shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding 90 days.

§ 7.15 Regulation of massage establishments, massage technicians and employees.

(1) Compliance required. It shall be unlawful for any person, corporation or other legal entity to suffer, cause or permit the operation of a massage establishment or for a person to operate as a massage technician, agent, manager or employee, except in strict compliance with this section.

(2) Definitions. For the purposes of this section, the following definitions shall apply:

MASSAGE

Any process or procedure consisting of rubbing, stroking, kneading or tapping, by physical or mechanical means, upon the external parts or tissues of the body of another for a consideration.

MASSAGE ESTABLISHMENT

A place of business wherein private massage is practiced, used or made available as a principal use of the premises.

MASSAGE ROOM

The area where private massage is performed.

MASSAGE TECHNICIAN

A person who practices, administers or uses or offers to practice, administer or use massage for a consideration.

OPERATOR

Any person, association, firm, partnership or corporation licensed by the City to operate a massage establishment.

PATRON

Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any consideration therefor.

SEXUAL OR GENITAL PARTS

Includes the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.

WAITING AREA

An area adjacent to the main entrance that is separate from any area where massages are given.

(3) Massage establishment license.

(a) License required. No person shall suffer, cause or permit the conduct of a massage establishment without having first obtained a license therefor from the Council upon the recommendation of the Finance Committee. A separate license shall be acquired for each such establishment, said license to be in effect from July 1 to June 30.

(b) Location restricted. No license shall be granted for any establishment, the main entrance to which is within 75 feet of the main entrance to a residence or of the common entry hall to residences, nor for any room or rooms in any hotel or motel.

(c) Application. Application shall be made in writing on forms supplied by the Clerk-Treasurer. If application is made for a location not previously licensed, the Clerk-Treasurer shall, by regular mail, notify all property owners and registered electors within 250 feet of the proposed location at least 10 days before the hearing on the granting of such license. All applications shall include the following:

1. A nonrefundable fee as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

2. The location and mailing address of the proposed establishment.

3. For an individual or for each person of a partnership or joint venture or agent of a corporation:

a. Name and present address.

b. The two immediately previous addresses and dates of residence at each such address.

c. Height, weight, color of hair and eyes, social security number, written proof of age, full set of fingerprints and a recent photograph.

d. The business or occupation for the two years immediately preceding the date of application.

e. Whether a similar license had been revoked or suspended and, if so, the reason therefor and the location thereof.

f. Whether convicted of any crime or ordinance violation related to a massage parlor operation or similar activity within the past three years and, if so, a listing of the same and the locations thereof.

4. If the applicant is a corporation, the names and addresses of each officer and director and of the stockholders of such corporation, together with the extent of the ownership of each and a statement whether such officer, director or stockholder holds office or stock in any other corporation conducting a similar business in the State of Wisconsin. Such application shall be made by an agent registered as such who is a resident of the City.

5. All telephone numbers of the proposed establishment.

6. The names, addresses and telephone numbers of all persons employed by the applicant at the proposed establishment at the time of application.

7. Certification of compliance of the proposed premises with the Building Code and Fire Code, or in the alternative, the applicant shall file a bond assuring that any work required to be done to bring the premises up to code shall be done. Compliance with such codes shall be conditions precedent to the opening of business.

8. The application shall contain a statement signed by the applicant and each individual of a partnership or joint venture that all information contained therein is true and correct.

(d) Additional managers. The issuance of this license shall allow for the licensing of up to three additional managers for each establishment.

(4) Massage technician's and manager's license.

(a) License required. No person shall act or operate for a consideration as a massage technician or manager without having first obtained a license to do so.

(b) Application. Applications for license shall be in writing on forms supplied by the Clerk-Treasurer and shall include:

1. A nonrefundable fee as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

2. The applicant's full name, present address, social security number, written proof of age in excess of 18 years, height, weight, color of hair and eyes, full set of fingerprints and a recent photograph.

3. The applicant's two previous addresses and dates of residence at each.

4. The applicant's business, occupation or employment during the two years immediately preceding date of application.

5. Whether the applicant has had a similar permit revoked or suspended and, if so, the reason therefor and the location thereof.

6. Whether the applicant has been convicted of any crime or ordinance violation related to a massage parlor operation or similar activity within the past three years and, if so, a listing of the same and the locations thereof.

7. For technicians only, a certificate from a licensed physician that the applicant has been examined and found to be free of communicable diseases and showing that such examination occurred less than 30 days prior to the date of application.

8. The name and address of the licensed massage establishment by which the applicant is employed.

9. A statement signed by the applicant that all information contained therein is true and correct.

(5) Granting of license.

(a) A license may be granted by the Council after a hearing at which the applicant may be heard. At least 10 days' notice of such hearing shall be given to the applicant.

(b) The Council shall grant a license within 30 days of application unless it is shown, for a massage establishment license, that the operation as proposed by the applicant does not comply with all applicable state laws and this Code and, for all licenses, that the applicant or any partner or any officer, director or stockholder of a corporate applicant has been convicted in a court of competent jurisdiction of an offense under W.S.A. Ch. 944, or involving substances included in Subchapter II of W.S.A. Ch. 161,[1] or of an offense against the person or property of another within the past three years, that the information required on the application is incomplete or that any applicant has knowingly or with the intent to deceive made any false, misleading or fraudulent statement of fact in the application or any other document required by the City in conjunction therewith, or that the applicant is not a resident of the City prior to date of application.

[1] Editor's Note: W.S.A. Ch. 161 was renumbered and repealed in part by 1995 Act 448. See now W.S.A. Ch. 961.

(c) In the event of denial, the applicant shall receive written notification thereof setting forth the reasons for the denial within 10 days after such denial.

(d) Licenses granted by the Council shall expire one year from the date of granting. Reapplication therefor shall not be less than 60 days prior to such expiration date and shall be the sole responsibility of the applicant.

(e) No license shall be transferred between locations or persons and no massage establishment license shall be sold or be subject to transfer to corporate assets or change of corporate officers or directors.

(f) The massage technician's license does not entitle the holder to operate or manage a massage establishment.

(6) Regulation of operations and licenses.

(a) Each establishment shall at all times maintain and comply with the following regulations:

1. The establishment shall comply with all City codes.

2. No description of services shall be permitted on such sign.[2]

[Amended 9-8-1999 by Ord. No. 1419]

[2] Editor's Note: See also Ch. 10, Subchapter V, Signs, Canopies, Awnings and Billboards.

3. No establishment shall be open for business between the hours of 10:00 p.m. and 8:00 a.m.

4. Only massage technicians licensed pursuant to this section shall be employed as massage technicians by the establishment.

5. The practice of all massage technicians employed by the establishment shall be limited to the licensed premises.

6. No person under the age of 18 years shall be permitted on the premises.

7. No intoxicating beverages or substances included in Subchapter II of W.S.A. Ch. 161[3] shall be permitted in the licensed establishment. Food shall be permitted only when there is no charge therefor and when a food preparation area, including sink with hot and cold running water, is a part of the establishment. A state license shall be obtained for selling or dispensing food when said license would be required pursuant to state law.

[3] Editor's Note: W.S.A. Ch. 161 was renumbered and repealed in part by 1995 Act 448. See now W.S.A. Ch. 961.

8. The establishment shall provide a waiting area for patrons separate from any area wherein massages are given. There shall be direct access to this area from the main entrance or from the hallway connected only to the main entrance.

9. The operator or a licensed manager shall be present on the premises at all times during hours of operation and shall be responsible for the operation of the establishment.

10. The establishment shall permit inspections of the premises at any time during business hours by the Building Inspector, Fire Inspector, Health Officer or personnel of any law enforcement agency.

[Amended 9-8-1999 by Ord. No. 1419]

11. The establishment shall keep records of the names and addresses of all of its massage technicians, agents, managers and employees and the date of employment and termination of each. Such records shall be open to inspection by any of the personnel listed in Subsection (6)(a)10 above.

12. The establishment shall report any change of fact required on the application form and all personnel changes to the Clerk-Treasurer within 10 days after such change.

(b) Each technician shall at all times comply with the following regulations:

1. The technician shall practice only on the premises of a licensed massage establishment.

2. The technician shall massage only patrons over the age of 18 years.

3. No technician shall administer a massage:

a. If said technician believes, knows or should know that he or she is not free of any contagious or communicable disease or infection.

b. To any massage patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption.

4. The technician shall report any change of fact required in the application form to the Clerk-Treasurer within 10 days after such change.

5. It shall be unlawful for any person:

a. In a massage establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital part of any other person.

b. In a massage establishment to expose his or her sexual or genital parts or any portion thereof to any other person. It shall also be unlawful for any person in a massage establishment to expose the sexual or genital parts, or any portion thereof, of any other person.

c. While in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body.

d. Owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in Subsection (6)(b)5a, b or c above.

e. In a massage establishment, for a consideration, to offer to perform or to make available, permit or in any way participate in the performance of any act prohibited by Subsection (6)(b)5a, b or c above.

(7) Revocation or suspension of license.

(a) Grounds. The license granted herein may be revoked or suspended for up to six months by the Council:

1. If the applicant has made or recorded any statement required by this section knowing it to be false or fraudulent or intentionally deceptive.

2. For the violation of any provision of this section, except for establishment license matters involving violations of City codes, in which case the license shall be revoked after the second conviction thereof in any license year.

3. If a technician's or manager's license, after one conviction of any offense under W.S.A. Ch. 944, or of an offense involving substances included in Subchapter II of W.S.A. Ch. 161,[4] or of an offense against the person or property of a patron, whether such occurred on or off the premises of the establishment.

[4] Editor's Note: W.S.A. Ch. 161 was renumbered and repealed in part by 1995 Act 448. See now W.S.A. Ch. 961.

4. If an establishment license, after one conviction of any establishment personnel of an offense under W.S.A. Ch. 944, or of an offense against the person or property of a patron or of an offense involving substances in Subchapter II of W.S.A. Ch. 161,[5] where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.

[5] Editor's Note: W.S.A. Ch. 161 was renumbered and repealed in part by 1995 Act 448. See now W.S.A. Ch. 961.

(b) Notice and hearing. No license shall be revoked or suspended by the Council except upon due notice and a hearing to determine whether grounds for such action exist. The notice shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented, to cross examine opposing witnesses and to present witnesses in his or her own behalf under the subpoena of the Council, if such is required. The hearing shall be stenographically recorded, and a copy of the transcript shall be available to the licensee at the expense of the licensee. The Council shall decide the matter and shall prepare a written decision which shall be filed with the Clerk-Treasurer and a copy thereof mailed to the licensee within 20 days after the hearing.

(8) Exceptions. This section shall not apply to the following classes of individuals while engaged in the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths, masseurs or physical therapists licensed or registered to practice their respective professions under the laws of the State of Wisconsin or nurses registered under the laws of the State of Wisconsin acting under their direction and control.

(b) Barber shops and beauty parlors, barbers and beauticians licensed under the laws of the State of Wisconsin, provided that such massage as is practiced is limited to the head and scalp.

(c) Accredited high schools and colleges, and coaches and trainers therein, while acting within the scope of their employment.

(9) Operation without a license a public nuisance. The operation of a massage establishment without a license or the activity of an individual as a massage technician without a license is deemed a public nuisance and may be enjoined by the City.

§ 7.16 Regulation and licensing of adult-oriented establishments. [1]

[Added by Ord. No. 1096]

(1) Purpose and authority.

(a) It is a lawful purpose of the Council to enact regulatory ordinances protecting and promoting the general welfare, health and safety of its citizens.

(b) The City is empowered to enact such ordinances pursuant to the Constitution and laws of the State of Wisconsin.

(c) The Council deems it necessary to provide for licensing and regulation of adult-oriented establishments, including but not limited to adult bookstores, adult mini motion-picture establishments, adult motion-picture theaters and adult cabarets.

(d) Many adult-oriented establishments install booths with doors in which patrons can view adult-oriented movies or videotape or film or view other forms of adult entertainment.

(e) It is well known and has been found that viewing booths in adult-oriented establishments have been and are being used by patrons of said establishments for engaging in sexual acts, particularly between males, including but not limited to intercourse, sodomy, oral copulation and masturbation, resulting in unsafe and unsanitary conditions in said booths.

(f) The State Board of Health has indicated that as of November 1, 1989, 553 cases of Acquired Immune Deficiency Syndrome (AIDS) were reported in the state, including 334 that resulted in death, and that Wisconsin can expect a significant increase in reported cases.

[Amended 9-8-1999 by Ord. No. 1419]

(g) AIDS is a sexually transmitted disease which destroys the body's immune system, is always fatal and has no known cure.

(h) The viral agents responsible for AIDS and other sexually transmitted diseases have all been isolated at one time or another from semen.

(2) Definitions. For the purpose of this section, the terms used shall be defined as follows:

ADULT BOOKSTORE

An establishment having as its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined below, and, in conjunction therewith, have facilities for the presentation of adult entertainment, as defined below, including adult-oriented films, movies or live performances, for observation by patrons therein.

ADULT CABARET

A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.

ADULT ENTERTAINMENT

Any exhibition of any motion pictures, live performance, display or dance of any type which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas, as defined below, or the removal of articles of clothing or appearing partially or totally nude.

ADULT MINI MOTION-PICTURE THEATER

An enclosed building with a capacity of fewer than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.

ADULT-ORIENTED ESTABLISHMENT

Includes, but is not limited to, adult bookstores, adult motion-picture theaters, adult mini motion-picture establishments or adult cabarets and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

COUNCIL

The Common Council of the City of Shawano.

OPERATOR

Any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.

PUBLIC INDECENCY

[Added by Ord. No. 1308]

(a) A person who knowingly or intentionally, in a public place:

1. Engages in sexual intercourse;

2. Engages in deviate sexual conduct;

3. Appears in a state of nudity; or

4. Fondles the genitals of himself or herself or another person; commits a violation of this section.

(b) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.

PUBLIC PLACE

Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence whether permanent or temporary in nature shall not be deemed to be a public place. Public place shall not include enclosed single-sex public rest rooms, enclosed single-sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by: (1) a proprietary school licensed by the State of Wisconsin, a college, junior college or university supported entirely or partly by taxation; or (2) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility which has been formed as a family-oriented clothing optional facility, properly licensed by the state.

[Added by Ord. No. 1308]

SPECIFIED ANATOMICAL AREA

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.

(b) Human male genitals in a discernible turgid state, even if opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Simulated or actual:

(a) Showing of human genitals in a state of sexual stimulation or arousal.

(b) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.

(c) Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(3) License required.

(a) No adult-oriented establishment shall be operated or maintained in the City without first obtaining a license to operate, issued by the City.

(b) A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one adult-oriented establishment must have a license for each.

(c) No license or interest in a license may be transferred to any person, partnership or corporation.

(4) Application for license.

(a) Any person, partnership or corporation desiring to secure a license shall make application to the Clerk-Treasurer. The application shall be filed in triplicate with and dated by the Clerk-Treasurer. A copy of the application shall be distributed promptly by the Clerk-Treasurer to the Police Department and to the applicant.

(b) The application for a license shall be upon a form provided by the Clerk-Treasurer. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information under oath:

1. Name and permanent address, telephone number and temporary address, if any.

2. Age, height, weight and color of hair and eyes.

3. Written proof that the individual is at least 18 years of age.

4. The address of the adult-oriented establishment to be operated by the applicant.

5. If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than 5% of the stock in said corporation and all officers and directors of the corporation.

(c) Within 21 days of receiving an application for a license, the Clerk-Treasurer shall notify the applicant whether the application is granted or denied.

(d) Whenever an application is denied, the Clerk-Treasurer shall advise the applicant, in writing, of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held within 10 days thereafter before the Council, as hereinafter provided.

(e) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Clerk-Treasurer.

(5) Standards for issuance of license.

(a) To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:

1. If the applicant is an individual:

a. The applicant shall be at least 18 years of age.

b. The applicant shall not have been found to have previously violated this section within five years immediately preceding the date of the application.

2. If the applicant is a corporation:

a. All officers, directors and stockholders required to be named under Subsection (4)(b) above shall be at least 18 years of age.

b. No officer, director or stockholder required to be named under Subsection (4)(b) above shall have been found to have previously violated this section within five years immediately preceding the date of the application.

3. If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest:

a. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.

b. No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this section within five years immediately preceding the date of the application.

4. For any applicant:

a. The application cannot contain any material omission or materially inaccurate statement.

b. The applicant shall not have been convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in said adult-oriented establishment.

(6) Fees. A license fee as set by Council resolution shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.

[Amended 12-8-1999 by Ord. No. 1438]

(7) Display of license or permit. The license shall be displayed in a conspicuous public place in the adult-oriented establishment.

(8) Renewal of license or permit.

(a) Every license issued pursuant to this section shall terminate at the expiration of one year from the date of issuance unless sooner revoked and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Clerk-Treasurer. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Clerk-Treasurer. A copy of the application for renewal shall be distributed promptly by the Clerk-Treasurer to the Police Department and to the operator. The application for renewal shall be upon a form provided by the Clerk-Treasurer and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.

(b) A license renewal fee as set by Council resolution shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as set by Council resolution shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.

[Amended 12-8-1999 by Ord. No. 1438]

(c) If the Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the Clerk-Treasurer.

(9) Revocation of license.

(a) The Council shall revoke a license or permit for any of the following reasons:

1. Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

2. The operator or any employee of the operator violates any provision of this section or any rule or regulation adopted by the Council pursuant to this section; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Council shall find that the operator had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge.

3. The operator becomes ineligible to obtain a license or permit.

4. Any cost or fee required to be paid by this section is not paid.

5. Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment.

(b) The Council, before revoking or suspending any license or permit, shall give the operator at least 10 days' written notice of the charges against him or her, and the opportunity for a public hearing before the Council, as hereinafter provided.

(c) The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

(d) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the license.

(10) Physical layout of adult-oriented establishment. Any adult-oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

(a) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock or other control-type devices.

(b) Construction. Every booth, room or cubicle shall meet the following construction requirements:

1. Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.

2. Each booth, room or cubicle shall have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

3. All walls should be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured and easily cleanable.

4. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable.

5. The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 10 footcandles at all times, as measured from the floor.

(c) Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

(11) Responsibilities of the operator.

(a) Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(b) Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

(c) No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment, as defined herein.

(d) The operator shall maintain the premises in a clean and sanitary manner at all times.

(e) The operator shall maintain at least 10 footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, that at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.

(f) The operator shall ensure compliance of the establishment and its patrons with the provisions of this section.

(12) Administrative procedure and review. This Code and the Wisconsin statutes shall govern the administrative procedure and review regarding the granting, denial, renewal, nonrenewal, revocation or suspension of a license.

(13) Exclusions. All private schools and public schools, as defined in W.S.A. Ch. 115, located within the City are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.

(14) Penalties and prosecution.[2]

(a) Any person who shall violate any provision of this section or who shall fail to obtain a license or permit as required hereunder, or who shall operate after his or her license is revoked, shall be subject to a penalty as provided in § 20.04 of this Code.

[2] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

[1] Editor's Note: See also § 8.04(3), Displaying material harmful to minors, and § 10.05(19), AD Adult Entertainment District.

§ 7.161 Miscellaneous license and permit restrictions.

[Added 4-18-2006 by Ord. No. 1645]

(1) Delinquent taxes, assessments, etc.

(a) Premises. No initial or renewal of a license or permit issued by the City under this chapter shall be granted for any premises for which local taxes, assessments, forfeitures, or other claims of the City are delinquent or unpaid.

(b) Persons. No initial or renewal of a license or permit issued by the City under this chapter shall be granted to any person:

1. Delinquent in payment of any local taxes, assessments, forfeitures of other claims owed to the City.

2. Delinquent in payment of a forfeiture resulting from a violation of any City ordinance.

(c) Right to hearing. Unless as otherwise provided herein, the provisions of W.S.A. s. 125.12(2) and (3) shall be applicable to a proceeding in which the City intends to refuse to grant, issue or renew any license or permit issued by the City due to the provisions of § 7.161(1)(a) and (b) herein.

§ 7.17 Storage of flammable and combustible liquids and applicable fees.

[Added by Ord. No. 1195; amended by Ord. No. 1218]

(1) Adoption of Wisconsin Administrative Code ILHR 10. Wisconsin Administrative Code ILHR Ch. 10, Flammable and Combustible Liquids, as amended, is incorporated herein by reference.

(2) Installation plans required. Plans for installation of any tank for the storage, handling or use of flammable or combustible liquids having an individual capacity of less than 4,999 gallons shall be submitted for local review and written approval by the Fire Chief before starting any of the following:

(a) Construction of new or additional aboveground or underground tank installation or piping installation.

(b) Change in operation of an installation from storage of a nonregulated substance to a regulated substance.

(c) Upgrading to bring into compliance an existing piping or tank installation for the handling or use of flammable or combustible liquids.

(d) Addition of vapor or groundwater monitoring wells.

(e) Addition of leak detection.

(f) Addition of spill or overfill protection.

(g) Tank lining.

(3) Fees. An inspection or permit fee shall be charged for each tank and shall be paid at the time the plans are submitted or application is made for a permit as follows:

(a) Plan examination fee:

[Amended 12-8-1999 by Ord. No. 1438]

1. First tank or component: as set by Council resolution.

2. Second through tenth: as set by Council resolution.

3. Revised or conditionally approved plans fee: as set by Council resolution.

(b) Tank installation inspection fee (for any tank of 4,999 gallons or less capacity used for storing motor fuel, waste oil and any tank used for storing heating oil for consumptive use on the premises where stored): fee as set by Council resolution.

[Amended 12-8-1999 by Ord. No. 1438]

(c) Tank abandonment in place or removal permit fee: fee as set by Council resolution.

[Amended 9-8-1999 by Ord. No. 1419; 12-8-1999 by Ord. No. 1438]

(d) Miscellaneous fees. In addition to the fees as set forth herein, the Fire Department shall charge fees as set by Council resolution for the various inspections required by state law or based upon policy of the Fire Department.

[Amended 12-8-1999 by Ord. No. 1438]

NOTE: The above fees shall be doubled upon failure to initiate a permit prior to installation or removal.

(4) Notification required.

(a) The Fire Chief shall be notified, in writing, a minimum of five days in advance before starting an installation.

(b) The Fire Chief shall be notified, in writing, a minimum of 15 days in advance before permanent closure in place, change in service or tank removal is started.

(5) Inspections.

(a) General. Inspections shall be made by the Fire Chief to ascertain whether the construction or installation conforms to conditionally approved plans and the provisions of the Wisconsin Administrative Code.

(b) Inspection before covering installations.

1. The installer shall notify the Fire Chief before covering an installation for which approval is required.

2. The Fire Chief shall inspect the installation and give written approval or disapproval.

(6) Disposal of removed tanks. Flammable and combustible liquid storage tanks that have been removed in accordance with Wis. Adm. Code ILHR 10[1] shall be properly disposed of and shall not be allowed to be stored within the City limits.

[1] Editor's Note: See now Ch. Com, 10, Wis. Adm. Code.

(7) Enforcement. The requirements of the Wisconsin Administrative Code shall be enforced by the Fire Chief. Any reference to the "Fire Chief" shall include any authorized representative of the Fire Chief.

§ 7.171 Emergency protection response fees.

[Added 11-9-2005 by Ord. No. 1633[1]]

(1) Charges for services. The Common Council of the City of Shawano adopts the following polices with regard to the type of service rendered:

(a) Wild fire. The costs of fire protection for a wild fire shall be charged back to the owner(s) whose property is directly protected by the fire service. If more than one property is protected, each shall receive a portion of the total charge for service, which shall be by equal fraction unless the Fire Department specifies more exactly the protection afforded to each. In the event the owner or occupant of any such property did not intentionally set the wild fire, or if the fire was intentionally started on land of another by that owner, occupant or trespasser, such owner being charged would never be billed over $750. Where not intentionally set under these terms, or set on land of another where the owner had no control, only firefighter labor charges will be billed.

(b) Other fires. The owner of any property served shall pay the entire cost of fire fighter labor including standby firefighters, nonwater material used in such fire protection and equipment rented or used for the specific fire being billed, supplied by another department, municipality or business. If more than one property is protected, each owner shall be liable for a portion of the total charge for service, which shall be by equal fraction unless the Fire Department specifies more exactly the protection level or costs afforded to each parcel.

(c) Vehicle fire. Charges for fire protection in response to a vehicle fire or threat of fire are charged to the vehicle owner who drove said vehicle or granted permission for another to drive it. Actual expenses for vehicle, labor and special materials used will be billed back to said owner, along with any towing or disposal charge.

(d) JAWS. In the event the JAWS unit is utilized or brought to the scene for removal from a vehicle or structure, this charge shall be billed to the owner. This charge is in addition to the fire call billing limits set forth herein, when both types of service occur.

(e) Rescue not fire related. Often such rescues will take place on a navigable body of water and may involve Fire Department personnel and/or equipment used by the City or other fire departments, or in conjunction with law enforcement efforts.

(2) Rates. The City will bill the actual firefighter labor costs and supplies or materials actually used on the emergency protection response.

[Amended 9-13-2006 by Ord. No. 1653; 5-13-2009 by Ord. No. 1749]

(3) Property covered. All real and personal property located within the City of Shawano shall be subject to the emergency protection response fee, including property which is exempt from real estate and/or personal property taxes, such as government property, church property and school property.

(4) Persons liable. Each owner of real estate and each owner of personal property for which an emergency call is made by the Fire Department, and each person responsible for causing or starting a fire, or other emergency situation for which an emergency call is made by the Fire Department, shall be jointly and severally liable to the City for the fees established herein.

(5) Interest. Bills not paid within 30 days shall accrue interest at the rate of 1 1/2% per month (18% per annum). Bills will include information about the interest charge.

(6) Special charges. All unpaid fees and accrued interest charged against the owner/s of real estate shall become a lien against the real estate for which the emergency protection was provided and, if not paid within 90 days from the date of first billing, shall be placed on the tax roll by the City as a special charge against such real property pursuant to W.S.A. s. 66.0627. All unpaid fees and accrued interest charged against the owner of personal property shall be collected in any manner permitted by law if not paid within 90 days from the date of first filing. As an alternative to and in additions to the provisions set forth above, the City may pursue any remedy available at law or in equity for the collection of unpaid fees.

(7) Appeal. Any property owner or responsible person who wishes to appeal the emergency protection response fee can file an appeal with the City Finance Committee by filing a City of Shawano Emergency Fee Appeal with the City Clerk’s office within 30 days after the date of the first billing. There shall only be one appeal allowed per Fire Department call.

[Added 4-18-2016 by Ord. No. 1889]

[1] Editor's Note: The ordinance provided for an effective date of 1-1-2006.

§ 7.18 Boat ramp permit.

[Added by Ord. No. 1179; amended 12-8-1999 by Ord. No. 1438; 6-13-2012 by Ord. No. 1814]

(1) Required. No person shall launch or dock a watercraft at any City of Shawano boat ramp facility without paying the applicable daily or annual permit fee. A "watercraft" shall include all watercraft used or capable of being used as a means of transportation on water.

(2) Permit fee.

(a) The permit fees shall be as set by Council resolution.

(b) Revenues shall be earmarked for City of Shawano boat ramp facility maintenance and improvements.

(3) Payment of fee and sticker. Upon payment of the permit fee to the Clerk-Treasurer, a sticker shall be issued. The sticker must be permanently affixed to either the vehicle's left bumper or attached to the left side of the trailer tongue (as you face rear of the vehicle).

(4) Penalty.[1] A person who shall violate any provision of this section shall be subject to the penalty provided in § 20.04 of this Code. The owner of a vehicle involved in a violation of this section shall be liable for the violation. It shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 7.19 Penalty. [1]

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code, in addition to the specific penalties provided in this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 7.20 Late application and cancellation fees.

[Added 8-10-2005 by Ord. No. 1621A]

Fees as set by Council resolution shall be charged to license applicants who do not return completed applications by the stated due date and/or withdraw their applications.